Article 5h · Council Regulation (EU) No 833/2014

Contents

Article 5h #

1.It shall be prohibited to engage, directly or indirectly, in any transaction with legal persons, entities or bodies listed in Annex XIV or with any legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XIV.

1a.The prohibition in paragraph 1 shall not apply to transactions:

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

(b)made by nationals of a Member State who are residents of Russia and were so before 24 February 2022;

(c)necessary for the export, sale, supply, transfer or transport of pharmaceutical, medical or agricultural and food products, including wheat and fertilisers, the export, sale, supply, transfer or transport of which to Russia is allowed under this Regulation;

(d)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 Regulation and those of Regulation (EU) No 269/2014;

(e)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;

(f)necessary for the reception of payments due by the legal persons, entities or bodies referred to in Annex XIV pursuant to contracts and obligations performed before 24 April 2026;

(g)necessary for the implementation of authorisations granted by the competent authorities of a Member State pursuant to Article 6b(5j) of Regulation (EU) No 269/2014;

(h)necessary for Member States’ historical responsibility programmes or for the support of Member States’ ethnic minorities in Russia.

(i)strictly necessary for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;

(j)that are necessary for the needs of state-funded intermediate organisations for the foreign cultural policy of the Member States in Russia.

1b.By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, transactions which are strictly necessary for divestment from Russia or the wind-down of business activities in Russia.

1c.By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the execution of transactions with Bank Zenit, as listed in Annex XIV, under such conditions as they deem appropriate and after having determined that the execution of such transactions is necessary for:

(a)the payment of goods falling under CN 340290;

(b)the execution of contracts concluded before 1 January 2025 until 1 January 2028 or until their expiry date, whichever is earlier.

2.For each legal person, entity or body listed in Annex XIV, the prohibition set out in paragraph 1 shall apply as of the date mentioned for it in that Annex. The prohibition shall apply as of the same date to any legal person, entity or body established in Russia whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex XIV.

3.By way of derogation from paragraph 1, the competent authorities of a Member State may authorise transactions which are strictly necessary for the withdrawal of funds or the closing of accounts owned or held by a national of a Member State, of a country member of the European Economic Area or of Switzerland, or by 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, held at legal persons, entities or bodies listed in Annex XIV and which were included in that Annex on or after 24 July 2026, under such conditions as the competent authorities deem appropriate and after having determined that:

(a)the transaction is necessary for such natural person to terminate operations, contracts or other agreements concluded with a legal person, entity or body listed in Annex XIV;

(b)the authorisation is requested no later than three months after the date of application indicated in Annex XIV for the relevant legal person, entity or body listed therein;

(c)the funds are transferred to a financial or credit institution incorporated or constituted under the law of a Member State, or to a financial or credit institution incorporated under the law of a third country that is owned or controlled by a financial or credit institution incorporated or constituted under the law of a Member State.

Any authorisation under this paragraph shall be granted for a maximum period of validity of three months.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.

Defined terms · 44

Show every defined term

All-terrain vehicles
means any motorised vehicle designed to travel on three or four low pressure (less than 0,9 bar gauge pressure) tires on unpaved surfaces, typically having a seat designed to be straddled by the operator and handlebars for steering control.
brokering services
means:
central securities depository
means a legal person as defined in point 1 of Article 2(1) of Regulation (EU) No 909/2014 of the European Parliament and of the Council;
Common channel signalling
means the transmission of control information (signalling) via a separate channel than that used for the messages.
competent authorities
means the competent authorities of the Member States as identified on the websites listed in Annex I;
consumer communication devices
means devices used by private individuals such as personal computers and peripherals (including hard drives and printers), mobile telephones, smart televisions, memory devices (USB drives), and consumer software for all of these items;
credit institution
means an undertaking, the business of which is to take deposits or other repayable funds from the public and to grant credit for its own account;
credit rating
means an opinion regarding the creditworthiness of an entity, a debt or financial obligation, debt security, preferred share or other financial instrument, or of an issuer of such a debt or financial obligation, debt security, preferred share or other financial instrument, issued using an established and defined ranking system of rating categories;
credit rating activities
means data and information analysis and the evaluation, approval, issuing and review of credit ratings;
critical entities
means entities as defined in Article 2(1) of Directive (EU) 2022/2557 of the European Parliament and of the Council;
critical infrastructure
means infrastructure as defined in Article 2(a) of Council Directive 2008/114/EC and Article 2(4) of Directive (EU) 2022/2557;
crypto-asset
means crypto-asset as defined in Article 3(1), point (5), of Regulation (EU) 2023/1114 of the European Parliament and of the Council;
Data signalling rate
means the rate, as defined in ITU Recommendation 53-36, taking into account that, for non-binary modulation, baud and bit per second are not equal.
deposit
means a credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution is required to repay under the legal and contractual conditions applicable, including a fixed-term deposit and a savings deposit, but excluding a credit balance where:
dual-use goods and technology
means the items listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council;
Dynamic adaptive routing
means Automatic rerouting of traffic based on sensing and analysis of current actual network conditions.
energy sector
means a sector covering the following activities with the exception of civil nuclear related activities, such as the Paks II project:
European critical infrastructure
means infrastructure as defined in Article 2(b) of Directive 2008/114/EC;
financing or financial assistance
means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance;
funds
means financial assets and benefits of every kind, including, but not limited to:
investment services
means the following services and activities:
investor citizenship schemes
(or ‘golden passports’) means the procedures put in place by a Member State, which allow third-country nationals to acquire its nationality in exchange for pre-determined payments and investments;
investor residence schemes
(or ‘golden visas’) means the procedures put in place by a Member State, which allow third-country nationals to obtain a residence permit in a Member State in exchange for pre-determined payments and investments;
major component
includes any assembled element which forms a portion of an “end item” without which the “end item” is inoperable.2.For the purpose of X.A.IV.008, an “end item” is a system, equipment or assembled commodity ready for its intended use.
managed security service
means a managed security service as defined in point (14a) of Article 2 of Regulation (EU) 2019/881 of the European Parliament and of the Council.
Media access unit
means equipment that contains one or more communication interfaces (“network access controller”, “communications channel controller”, modem or computer bus) to connect terminal equipment to a network.
mining and quarrying sector
means a sector covering the location, extraction, management and processing activities relating to non-energy producing materials;
money-market instruments
means those classes of instruments which are normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers and excluding instruments of payment;
non-governmental organisation
means a voluntary self-governing body or organisation established to pursue the essentially non-profit-making objectives of its founders or members;
owners or operators of critical infrastructures
means those entities responsible for investments in, and/or day- to-day operation of, a particular asset, system or part thereof designated as critical infrastructure or European critical infrastructure;
partner country
means a country applying a set of export control measures substantially equivalent to those set out in this Regulation, as identified in Annex VIII;
partner country for importation of iron and steel
means a country applying a set of restrictive measures on imports of iron and steel substantially equivalent to those set out in Article 3g, and a set of import control measures substantially equivalent to those set out in that Article, as identified in Annex XXXVI;
partner country for importation of petroleum products
means a country applying a set of restrictive measures on imports of crude oil and petroleum products substantially equivalent to those provided for in Article 3m, as set out in Annex LI;
payment services
means services as defined in Article 4(3) of Directive (EU) 2015/2366 of the European Parliament and of the Council;
public procurement Directives
means Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC of the European Parliament and of the Council;
road transport undertaking
means any natural or legal person, entity or body engaged with a commercial purpose in the transport of freight by means of motor vehicles or combinations of vehicles;
Russian air carrier
means an air transport undertaking holding a valid operating licence or equivalent issued by the competent authorities of the Russian Federation;
services directly related to tourism activities
means the following services:
technical assistance
means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
terminal interface equipment
means equipment at which information enters or leaves the telecommunication system, e.g. telephone, data device, computer, etc.
territory of the Union
means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace;
transferable securities
means the following classes of securities, including in the form of crypto-assets, which are negotiable on the capital market, with the exception of instruments of payment:
transshipment operation
means:
vessel
means:

Article 5h#

Article 5h #