EU CLARIFIES DESIGNATION CRITERIA FOR UKRAINIAN SANCTIONS

On 29 January 2015, the European Union published measures which clarify the designation criteria for the EU asset freezing measures targeted at individuals said to be responsible for the “misappropriation of Ukrainian State funds”.  The sanctions were originally imposed on 6 March 2014 (as we previously reported on this blog).

Council Regulation (EU) 2015/138 (which amends Council Regulation (EU) No 208/2014) and Council Decision (CFSP) 2015/143 (which amends Council Decision 2014/119/CFSP) specify that individuals considered to have misappropriated state funds include people “under investigation” by the Ukrainian authorities:

(a) for the misappropriation of Ukrainian public funds or assets, or being an accomplice thereof; or

(b) for the abuse of a public office in order to procure an unjustified advantage for themselves or another, causing a loss to Ukrainian public funds or assets in doing so, or being an accomplice thereof.

See for comparison the EU General Court’s judgment in the Ezz case interpreting the same criteria for the purposes of sanctions related to Egypt (previously reported on this blog).

A full list of sanctions currently in force against Ukraine can be found in the “sanctions in force” section of this blog.

This entry was posted in Latest EU Measures, Ukraine by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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