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EU Adds Individuals and Entities to Sanctions List and Expands

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EU Adds Individuals and Entities to Sanctions List and Expands IRB No. 525 To:OurClientsandFriends July28,2014 EU Adds Individuals and Entities to Sanctions List and Expands Grounds for Sanctions On July 25th, the European Union added 15 individuals and 18 entities to the EU list of sanctions targets. The 15 new named individuals are a mix of Russian officials and Ukrainian separatists accused of supporting actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine. Nine of the entities were named for “undermining the territorial integrity, sovereignty and independence of Ukraine” and include the self-proclaimed Lugansk and Donetsk “People’s Republics” and other separatist militias and organizations. The other nine entities were named as “entities whose ownership has been transferred contrary to Ukrainian law,” all located in Crimea. Accordingly, all funds and economic resources belonging to, or owned or controlled by, these individuals and entities are required to be frozen, and no funds or economic resources may be made available, directly or indirectly to or for their benefit. These obligations and prohibitions apply: within the EU to natural persons who are nationals of any EU member state, wherever such persons are located to legal persons, entities or bodies, wherever located, that are incorporated or constituted in any EU member state to any legal persons, entities or bodies in respect of their business done in whole or in part in the EU. The newly sanctioned entities and individuals are as follows: Entities: ARMY OF THE SOUTHEAST AZOV DISTILLERY PLANT (a.k.a. Crimean enterprise ‘Azov distillery plant’) DONBASS PEOPLE'S MILITIA DONETSK PEOPLE'S REPUBLIC FEDERAL STATE OF NOVOROSSIYA GREAT DON ARMY (a.k.a. International Union of Public Associations Great Don Army) KERCH COMMERCIAL SEA PORT (a.k.a. State enterprise ‘Kerch commercial sea port’) KERCH FERRY (a.k.a. State ferry enterprise ‘Kerch ferry’) LUGANSK GUARD LUHANSK PEOPLE'S REPUBLIC (a.k.a. Lugansk People's Republic; a.k.a. People's Republic Of Luhansk) MAGARACH (a.k.a. ‘State enterprise Magarach of the national institute of wine’) MASSANDRA (a.k.a. State concern ‘National Association of producers “Massandra”’) NIZHNYAYA OREANDA (a.k.a. Resort ‘Nizhnyaya Oreanda’) NOVY SVET (a.k.a. State enterprise ‘Factory of sparkling wine Novy Svet’) SEVASTOPOL COMMERCIAL SEAPORT (a.k.a. State enterprise ‘Sevastopol commercial seaport’) SOBOL UNIVERSAL-AVIA (a.k.a. State enterprise Universal-Avia) VOSTOK BATTALION Individuals: ANTYUFEYEV, Vladimir (aka Vladimir SHEVTSOV, Vladimir Iurievici ANTIUFEEV, Vladimir Gheorghievici ALEXANDROV, Vadim Gheorghievici SHEVTSOV) BEREZIN, Fedir Dmytrovych BESEDA, Sergey (a.k.a. BESEDA, Sergei; a.k.a. BESEDA, Sergei Orestovoch) BORTNIKOV, Aleksandr Vasilievich DEGTYAREV, Mikhail Vladimirovich FRADKOV, Mikhail Efimovich GRYZLOV, Boris Vyacheslavovich GUBAREV, Pavel GUBAREVA, Ekaterina KADYROV , Ramzan Akhmadovitch KAUROV, Valery Vladimirovich NURGALIEV, Rashid Gumarovich PATRUSHEV, Nikolai Platonovich TKACHYOV, Alexander Nikolayevich ZDRILIUK, Serhii Anatoliyovych At the same time, the European Council issued a Decision expanding the grounds on which sanctions could be imposed to include “legal persons, entities or bodies supporting, materially or financially, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine; … or natural and legal persons, entities and bodies actively supporting, materially or financially, or benefiting from, Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Eastern Ukraine”. It is reportedly anticipated that individual “cronies” of President Putin will be added to the EU list shortly. Numerous reports have indicated that the EU is considering broader sectoral sanctions, and draft legislation is now under consideration. This draft legislation would bar Europeans from investing in new debt or equity issued by state-owned Russian banks (50% or more owned by the Russian government), which constitute most of the largest financial institutions in the country, effectively denying them access to the European capital markets. The United States Sectoral Sanctions Identification List has already targeted two Russian banks with this type of sanction. The draft legislation would also prevent the export of certain key energy technologies. An arms embargo and restrictions on exports of dual-use items for military use are also reportedly under consideration. The 28 member state ambassadors are continuing their meetings this week to discuss. Despite reported disagreements among the EU member states as to the scope of proposed broader sanctions, as the situation in Ukraine appears to heat up, continued vigilance to changes in the sanctions regimes remains the order of the day. ___________________________________________ Prepared by: Anita Esslinger (Washington DC and London) Lloyd Grove (Washington DC) 202 508-6333 +44 20 3207 1224 202-508-6227 [email protected] [email protected] Bryan Cave’s International Regulatory Bulletins are available online at www.bryancave.com Please visit our Global Anti-Corruption website at www.bryancave.com/gact Bryan Cave LLP International Trade Client Service Group Los Angeles Shanghai Evan Y. Chuck, Partner, CSG Leader Evan Y. Chuck, Partner David Stepp, Partner Ming Zu, Partner Nicole Simonian, Partner Zhongdong Zhang, Principal Andrew Klungness, Partner Yi Huang, Associate Kevin Lombardo, Partner Frank Luo, Associate Michael Zara, Associate Min Lan, Director of Economic Analysis* Jackson Pai, Associate Ye Zhou, Director PRC Tax Consultant Jeff Chen, PRC Consultant Washington Feng Zhao, PRC Consultant Stanley Marcuss, Partner Singapore Daniel Schwartz, Partner Iain Sharp, Partner Susan Kovarovics, Partner Henry Ng, Associate Anita Esslinger, Partner Clif Burns, Counsel Paris Megan Gajewski, Associate Christina Zanette, Associate Joseph Smallhoover, Partner George Murphy, Associate Aurelie de Raphelis Soissan, Associate Lloyd Grove, Associate Frankfurt Chicago Tobias Fenck, Partner Nicola Fiordalisi, Partner Patricia Hanson, Counsel Hamburg St. Louis Alexandra Rose Dr. Michael Leue, Partner Fred Bartelsmeyer, Partner Dr. Staffan Wegdell, Counsel Martin Bosse, Associate New York Jana Fuchs, Associate Judith Rinearson, Partner Carolyn Krampitz, Associate Hassan Albakri, Partner London Atlanta Anita Esslinger, Partner Joel Williams, Partner Denver Jim Cress, Partner *Non-legal professionals Note: This Bulletin is intended solely for general informational purposes and should not be construed as, or used as a substitute for, legal advice with respect to specific transactions. Such advice requires a detailed analysis of applicable requirements and an evaluation of precise factual information. We do not undertake to keep recipients advised as to all relevant legal developments. This Bulletin may be construed as an advertisement or solicitation. ©2009 Bryan Cave LLP. All rights reserved..
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