Sanctions with respect to Russia and Ukraine
There are three systems of sanctions with respect to Russia and the developments in Ukraine, all introduced by the EU.
The first system consists of measures against persons in Ukraine identified as responsible for the misappropriation of Ukrainian public assets and persons responsible for human rights violations in the country. These sanctions involve the freezing of assets and have so far been imposed on former Ukrainian President Viktor Yanukovych and a number of other representatives of the former regime.
Description of the sanctions
Freezing of assets
All assets and economic resources owned or controlled by persons identified as responsible for the misappropriation of Ukrainian public assets or responsible for human rights violations in Ukraine are to be frozen. The same applies to persons or entities associated with such persons. No funds or economic resources may be made available for the benefit of such persons or entities. Certain exemptions may be granted, for example for basic needs. Persons considered responsible for the misappropriation are those who are under investigation by the Ukrainian authorities for the misappropriation of state funds or for complicity therein, or for the abuse of power with the aim of gaining advantages for themselves or another and thus causing losses for the public purse or for complicity therein. The persons and entities subject to the restrictive measures are listed in the annex to the relevant Council regulations. Fifteen individuals are currently on the list as being identified for misappropriation.
Competent Swedish authorities
Försäkringskassan (the Swedish Social Insurance Agency) may grant exemptions from the freezing of assets of natural persons, but not for routine administration (see Finansinspektionen).
The National Board of Trade may grant exemptions from the freezing of assets of legal persons and entities, but not for routine administration (see Finansinspektionen).
Finansinspektionen (the Swedish Financial Supervisory Authority) receives information about frozen accounts and may grant exemptions from the freezing of assets for routine administration.
The second system of sanctions consists of measures concerning actions that threaten or undermine the territorial integrity, sovereignty, independence, stability or security of Ukraine, or obstruct the work of international organisations in the country, and the transfer of ownership of companies in Crimea and Sevastopol in contravention of Ukrainian law. This system is, in turn, divided into two. One system involves individually targeted measures in the form of the freezing of assets and travel restrictions, and has been imposed on a number of persons and some organisations and companies on a list that has gradually been extended. The second, established later, involves special sectoral sanctions that were introduced against Russia and later stepped up because of Russia's conduct that is destabilising the situation in Ukraine.
Description of the sanctions
1. Travel restrictions
A prohibition on entry into or transit through the EU applies to natural persons listed as being responsible for actions that undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or for actively supporting or implementing actions or policies that undermine the stability and security of Ukraine or obstruct the work of international organisations in Ukraine. The persons subject to these travel restrictions are listed in the annex to the relevant Council decisions.
2. Freezing of assets
All assets and economic resources owned or controlled by persons listed as being responsible for actions that undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or for actively supporting or implementing actions or policies that undermine the stability and security of Ukraine or obstruct the work of international organisations in Ukraine are to be frozen. The same applies to natural and legal persons and entities associated with such persons. Furthermore, the freezing of assets can be imposed on legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies that have benefited from such a transfer. Freezing of assets can also be imposed on natural or legal persons or entities that actively provide material or financial support to, or are favoured by, the Russian decision-makers who are responsible for the annexation of Crimea or the destabilisation of eastern Ukraine.
No assets or economic resources may be made available for the benefit of persons or entities whose assets have been frozen. Certain exemptions may be granted, for example for the necessities of life. The persons and entities subject to the restrictive measures are listed in the annex to the relevant Council regulations.
3. Prohibition on transactions in transferable securities and money-market instruments issued by certain Russian financial institutions, defence industry companies and oil companies
It is prohibited to directly or indirectly purchase, sell, provide brokering or assistance in the issuance of, or in other ways manage, transferable securities, money-market instruments and similar financial instruments with a maturity exceeding 90 days that have been issued after 1 August 2014, and with a maturity exceeding 30 days if issued after 12 September 2014, by certain listed Russian financial institutions that have more than 50 per cent public ownership. The same prohibition applies to the management of transferable securities and money-market instruments with a maturity exceeding 30 days that have been issued after 12 September by certain listed Russian companies in the defence industry and certain large listed Russian oil companies with more than 50 per cent public ownership. (For these lists, see 'Relevant documents'.)
It is also prohibited to perform corresponding actions involving such financial instruments that have been issued by legal persons, entities or bodies established outside the EU and that are more than 50 per cent owned by any of the listed financial institutions, defence industry companies and oil companies. The prohibition also applies to entities or bodies that act for, or on behalf of, such entities.
As of 12 September 2014, it is also prohibited to directly or indirectly provide loans to the abovementioned companies with a maturity exceeding 30 days. Loans and credits intended for trade financing are exempt from this prohibition. Special rules apply to disbursements of loans agreed before 12 September.
4. Arms embargo concerning exports and imports
It is prohibited to directly or indirectly sell, supply, transfer or export arms and related equipment, including for example military vehicles and spare parts, of any kind to Russia.
It is also prohibited to directly or indirectly provide technical or financial assistance related to military activities, arms and related equipment of any kind to natural or legal persons in Russia or for use in Russia.
Furthermore, it is prohibited to import, purchase or transport arms and related equipment from Russia.
These prohibitions do not affect the completion of contracts or agreements that were entered into before 1 August 2014 or concern spare parts and services that are necessary for the maintenance and safety of existing capacity within the EU.
5. Prohibition on the sale, export etc. of dual-use items
It is prohibited to directly or indirectly sell, supply, transfer or export dual-use items and technologies to anyone in Russia if they are intended for military use or military end-users in Russia. The same prohibition applies to nine listed Russian companies in the defence industry. The products covered are those listed in Annex I to Council Regulation (EC) No 428/2009 on dual-use items, (see 'Relevant documents').
It is also prohibited to directly or indirectly provide technical or financial assistance related to dual-use items and technologies to anyone in Russia if they are intended for military use or military end-users there or for the defence industry companies listed.
The prohibitions do not affect the completion of contracts or agreements entered into before 1 August 2014 concerning military use or military end-users, or that were entered into before 12 September concerning the defence industry companies listed.
6. Permit requirement for the sale, export, etc. of certain technologies suited to exploration and extraction of oil in certain cases and shale oil projects
A permit from the competent authority is required in order to directly or indirectly sell, supply, transfer or export certain listed technology (see 'Relevant documents') to natural or legal persons, entities or bodies in Russia or any other country, if the technology is intended for use in Russia. This also applies to the country's exclusive economic zone and continental shelf. The products have been selected as suitable for oil exploration and extraction in off-shore Arctic areas, in waters deeper than 150 metres or in shale oil projects in accordance with a certain more detailed definition.
A permit is to be refused if the sale etc. is considered to relate to projects that concern these types of activities.
However, a permit may be granted to fulfil obligations under a contract entered into before 1 August 2014.
A corresponding permit requirement applies to the provision of technical and financial assistance related to technology requiring a permit.
Special rules apply in situations that pose a threat to the environment.
7. Prohibition on supplying certain services to parts of the oil industry
It is prohibited to supply associated services in the form of drilling, well testing, logging and completion services, and to supply specialised floating vessels for oil exploration and oil production in waters deeper than 150 metres and off-shore in the Arctic, and for shale oil projects, in accordance with a special definition, in Russia. In this context, it is stated that Russia also includes the country's exclusive economic zone and continental shelf.
This prohibition does not affect the completion of contracts entered into before 12 September 2014.
Special rules apply in situations that pose a threat to the environment.
Competent Swedish authorities
The Swedish Migration Agency and Sweden's missions abroad are the authorities responsible for applying travel restrictions.
The Inspectorate of Strategic Products has primary responsibility for matters concerning arms embargoes and the prohibition on dual-use items.
The National Board of Trade is the competent authority on issues concerning exemptions from the freezing of assets of legal persons. In addition, the National Board of Trade is the competent authority for granting permits for the export etc. of certain technologies that are suited to use in the oil industry.
Exemptions from freezing of assets concerning natural persons may be granted by Försäkringskassan (the Swedish Social Insurance Agency).
Information on frozen accounts is to be submitted to Finansinspektionen (the Swedish Financial Supervisory Authority), which is also the competent authority for exemptions from the freezing of assets for the payment of administrative costs.
The third system consists of restrictions on the import of goods from Crimea and the city of Sevastopol and has subsequently been extended to include measures against certain exports to, and a prohibition on investments in, these areas. Tourism-related services have also been prohibited. This is in response to Russia's illegal annexation of these areas.
Description of the sanctions
1. Import prohibitions
It is prohibited to import to the EU goods originating in Crimea and Sevastopol or to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance, related to the import of such goods. Exempt from the prohibition are imports of goods which have been controlled by and granted a certificate of origin from the Ukrainian authorities.
2. Export prohibitions on key equipment and technology for infrastructure projects and the exploitation of oil, gas and minerals
It is prohibited to directly or indirectly sell, supply, transfer or export to Crimea or Sevastopol, or for use there, certain equipment or technology suitable for use in the transport, telecommunications or energy sectors, or for the extraction of oil, gas and minerals. The products covered by these prohibitions are listed in an annex to the relevant EU regulation (see under 'Relevant documents').
It is also prohibited to provide technical or financial assistance related to such equipment and technology.
Until 21 March 2015, the prohibition does not affect the completion of contracts entered into before 20 December 2014, under the condition that the competent authority has been notified of this at least five working days in advance. Exceptions to the prohibitions can be granted by the competent authority, for instance, for the benefit of hospitals, health care and education, and in situations that pose a threat to the environment and people's health.
3. Investment prohibitions
No loans or credits may be granted for the creation, acquisition or development of entities (e.g. companies) in Crimea or Sevastopol. It is prohibited to acquire shares in such entities and to extend existing shares, and to create joint ventures with entities there. It is also forbidden to acquire land or extend land acquisitions in Crimea and Sevastopol.
There is also a prohibition on providing investment services concerning actions that are prohibited.
The investment prohibitions do not affect the fulfilment of obligations entered into through contracts concluded before 20 December 2014, on the condition that the competent authority has been notified at least five days in advance.
Exceptions to the prohibitions can be granted by the competent authority, for instance, for hospitals, health care and education, and in situations that pose a threat to the environment and people's health.
4. Prohibition on technical assistance, brokering, construction and engineering services
It is prohibited to provide these types of services if they directly involve infrastructure in Crimea or Sevastopol within the transport, telecommunications or energy sectors, or in the exploration and extraction of oil, gas and mineral resources.
This prohibition does not affect the fulfilment before 21 March 2015 of obligations entered into through contracts concluded before 20 December 2014.
5. Prohibition on tourism-related services
It is prohibited to provide services directly related to tourism activities in Crimea or Sevastopol. Particular mention is made of a prohibition on cruise vessels sailing under the flag of an EU country or operated by a person in the EU entering any of the ports in Crimea or Sevastopol that are listed in the annex to the relevant EU regulation (see 'Relevant documents').
This prohibition does not affect the fulfilment before 21 March 2015 of obligations entered into through contracts concluded before 20 December 2014, on the condition that the competent authority has been notified at least five working days in advance.
Competent Swedish authorities
The National Board of Trade is the competent Swedish authority for receiving notifications of the intention to fulfil obligations under contracts entered into before a certain date. The Board is also the competent authority for issuing permits to conduct activities that are otherwise prohibited in certain exceptional cases.
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