I ASSENT Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027
Subsidiary Legislation made under s. 3 and 7 of the Export Control Act
2005 and section 23(g)(i) of the Interpretation and General Clauses Act.


UKRAINE SANCTIONS ORDER 2014

(LN. 2014/027)
Commencement 7.3.2014
Amending
enactments
Relevant current
provisions
Commencement
date

LN. 2014/072 Sch. 6.5.2014
2015/041 Sch. 16.3.2015
2015/120 Sch. 20.7.2015
2015/182 Sch. 8.10.2015
2016/050 Sch. 10.3.2016


Transposing:


EU Legislation/International Agreements involved:
Regulation (EU) No 208/2014
Regulation (EU) 2015/357
_______________________


In exercise of the powers conferred upon him by sections 3 and 7 of the
Export Control Act 2005 and section 23(g)(i) of the Interpretation and
General Clauses Act; and for the purpose of implementing Council
Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive
measures directed against certain persons, entities and bodies in view of the
situation in Ukraine, the Minister has made the following Order–

Title and commencement.

1. This Order may be cited as Ukraine Sanctions Order 2014 and comes
into operation on the day of publication.

Interpretation.

2. In this Order–
Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 “claim” means any claim, whether asserted by legal proceedings or
not, made before or after 6 March 2014, under or in connection
with a contract or transaction, and includes in particular-

(a) a claim for performance of any obligation arising under
or in connection with a contract or transaction;

(b) a claim for extension or payment of a bond, financial
guarantee or indemnity of whatever form;

(c) a claim for compensation in respect of a contract or
transaction;

(d) a counterclaim;

(e) a claim for the recognition or enforcement, including by
the procedure of exequatur, of a judgment, an arbitration
award or an equivalent decision, wherever made or
given;
“competent authority” means the Minister with responsibility for finance;

“contract” or “transaction” means any transaction of whatever form and
whatever the applicable law, whether comprising one or more
contracts or similar obligations made between the same or different
parties; for this purpose ‘contract’ includes a bond, guarantee or
indemnity, particularly a financial guarantee or financial indemnity,
and credit, whether legally independent or not, as well as any
related provision arising under, or in connection with, the
transaction;

“economic resources” means assets of every kind, whether tangible or
intangible, movable or immovable, which are not funds, but may be
used to obtain funds, goods or services;

“freezing of economic resources” means preventing the use of
economic resources to obtain funds, goods or services in any way,
including, but not limited to, by selling, hiring or mortgaging them;

“freezing of funds” means preventing any move, transfer, alteration, use
of, access to, or dealing with funds in any way that would result in
any change in their volume, amount, location, ownership,
possession, character, destination or other change that would
enable the funds to be used, including portfolio management;

“funds” means financial assets and benefits of every kind, including, but
not limited to–

Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 (a) cash, cheques, claims on money, drafts, money orders
and other payment instruments;

(b) deposits with financial institutions or other entities,
balances on accounts, debts and debt obligations;

(c) publicly- and privately-traded securities and debt
instruments, including stocks and shares, certificates
representing securities, bonds, notes, warrants,
debentures and derivatives contracts;

(d) interest, dividends or other income on or value accruing
from or generated by assets;

(e) credit, right of set-off, guarantees, performance bonds or
other financial commitments;

(f) letters of credit, bills of lading, bills of sale; and

(g) documents showing evidence of an interest in funds or
financial resources;

“person” means any natural or legal person, entity or body;

“the Regulation” means Council Regulation (EU) No 208/2014 of 5
March 2014 concerning restrictive measures directed against
certain persons, entities and bodies in view of the situation in
Ukraine, as the same may be amended from time to time.
General.

3.(1) This Order makes provision for the implementation of restrictive
measures set out in the Regulation.

(2) The persons who are subject to restrictive measures and are listed in
Annex I of the Regulation are set out in Schedule.

(3) Where a person is no longer the subject of restrictive measures under
the Regulation, the Minister shall amend the Schedule by Notice published
in the Gazette.

(4) Where any of the particulars in Annex I of the Regulation are
amended, whether by the inclusion of new persons or otherwise, Minister
may amend the Schedule by Notice published in the Gazette.

Applications to the competent authority.

Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 4. An application for the release of frozen funds or economic resources, or
the making available of funds or economic resources pursuant to Articles 4,
5 or 6 of the Regulation shall be made to the competent authority.

Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027
Authorisations pursuant to Article 4.

5.(1) Where the competent authority receives an application for the release
of frozen funds or economic resources, or the making available of funds or
economic resources pursuant to Article 4 of the Regulation, the competent
authority may authorise such sums and upon such conditions as it deems
appropriate, after having satisfied itself that the conditions set out in
paragraphs (a) to (d) of Article 4(1) apply.

(2) An authorisation granted under subparagraph (1) shall be in writing.

(3) Where competent authority is minded to grant an application in
accordance with Article 4(1)(d) of the Regulation the competent authority
shall ensure that the Commission and the competent authorities of the
Member States are informed of the grounds on which it considers that a
specific authorisation should be granted.

(4) The notification referred to in subparagraph (2) shall be a minimum of
2 weeks prior to the intended authorisation.

(5) The competent authority shall ensure that the Commission and
Member States are informed of any authorisations granted under this
paragraph.

Authorisations pursuant to Article 5.

6.(1) Where the competent authority receives an application for the release
of frozen funds or economic resources pursuant to Article 5 of the
Regulation, the competent authority may authorise their release if the
conditions set out in Article 5(1)(a) to (d) are met.

(2) An authorisation granted under subparagraph (1) shall be in writing.

(3) The competent authority shall ensure that the Commission and
Member States are informed of any authorisations granted under this
paragraph.

Authorisations pursuant to Article 6.

7. Where a payment by person listed in Annex I to the Regulation is due
under a contract or agreement that was concluded by, or under an obligation
that arose for person concerned, before the date on which that person was
included that Annex, the competent authority may authorise, under such
conditions it deems appropriate, the release of frozen funds or economic
resources, provided that the competent authority concerned has determined
that the conditions in Article 6(1)(a) and (b) are satisfied.

Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 Authorisations: renewal, revocation and amendment.

8.(1) The competent authority may at any time renew, revoke or amend an
authorisation under paragraph 5, 6 or 7 and any renewal or amendment may
add further conditions.

(2) A renewal, revocation or amendment shall be in writing.

Appeals.

9. A person who–

(a) having made an application under paragraph 5, 6 or 7, is
refused an authorisation;

(b) is not satisfied with the terms of an authorisation granted under
paragraph 5, 6 or 7; or

(c) is not satisfied with the revocation or the amendment of an
authorisation granted under paragraph 5, 6 or 7,

may appeal to the Supreme Court on a point of law.

Provision of information.

10.(1) Where a person is subject to an obligation to disclose information
pursuant to Article 8 of the Regulation, the disclosure to the Commission
shall be made through the competent authority.

(2) The competent authority may by a notice in writing require the person
named therein to provide such information as may be required under Article
8 of the Regulation.

(3) A person who fails to make any or any sufficient disclosure when
required to do so pursuant to a notice issued under subparagraph (2)
commits an offence.

Verification.

11.(1) A person who pursuant to Article 8 of the Regulation has made a
disclosure under paragraph 10 shall comply with any requests that the
competent authority may make for the purposes of the verification of the
information disclosed.

(2) A request under subparagraph (1) shall be in writing, addressed to the
person who is required to provide the additional information and may state
the time by which the request must be complied with.

Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 (3) A person who without reasonable cause fails to comply with a request
issued under this paragraph commits an offence.

Offences.

12.(1) A person who, without being authorised to do so, acts in breach of
the provisions of Article 2 or 9 of the Regulation is guilty of an offence.

(2) A person who acts in breach of the terms of an authorisation issued
under paragraph 5, 6 or 7 is guilty of an offence.

(3) In proceedings for an offence under this paragraph it shall be a defence
for a person to show that that person did not know, and had no reasonable
cause to suspect, that such actions would infringe the prohibitions set out in
the Regulation or the terms of an authorisation issued under this Order.

(4) Where a person is required to provide information under the
Regulation or pursuant to a provision of this Order it shall be an offence for
that person to provide information which that person knows is false or
misleading in any material particular.

(5) A person commits an offence if that person, with a view to obtaining
an authorisation under paragraph 5, 6 or 7, provides information in support
of an application which that person knows is false or misleading in a
material particular.

Penalties.

13.(1) A person guilty of an offence under paragraph 12(1) or (2) is liable–

(a) on summary conviction, to imprisonment for a term not
exceeding 6 months or to a fine up to level 5 on the standard
scale or to both; or

(b) on conviction on indictment, to imprisonment for a term not
exceeding 7 years or to a fine or to both;

(2) A person guilty of an offence under paragraph 12(4) and (5) is liable–

(a) on conviction on indictment to imprisonment for a term not
exceeding 2 years or to a fine or to both; or

(b) on summary conviction, to imprisonment for a term not
exceeding 6 months or to a fine not level 5 on the standard
scale or to both.

Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 (3) A person guilty of an offence under paragraph 10(3) or 11(3) is liable
on summary conviction to imprisonment for a term not exceeding 6 months
or to a fine not exceeding level 5 on the standard scale or to both.

(4) If an offence under this Order committed by a body corporate is
shown–

(a) to have been committed with the consent or connivance of an
officer of the body corporate; or

(b) to be attributable to any neglect on the part of an officer of the
body corporate,

the officer as well as the body corporate commit an offence and are liable to
be proceeded against and punished accordingly.


Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027
SCHEDULE

Paragraph 3

List of natural and legal persons, entities and bodies referred to in
Article 2 of the Regulation
Viktor
Fedorovych
Yanukovych

(Віктор
Федорович
Янукович),
Viktor
Fedorovich
Yanukovich

(Виктор
Фёдорович
Янукович)
born on 9 July
1950 in
Yenakiieve
(Donetsk oblast),
former President
of Ukraine
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds
or assets.
6.3.2014
Vitalii Yuriyovych
Zakharchenko

(Вiталiй
Юрiйович
Захарченко),

Vitaliy Yurievich Zakharchenko

(Виталий
Юрьевич
Захарченко)
Born on 20 January 1963 in
Kostiantynivka
(Donetsk oblast),
former Minister
of Internal
Affairs.
Person subject to criminal proceedings by the Ukrainian
authorities for the
misappropriation of public funds
or assets and in connection with
the misuse of office by a public
office- holder to procure an
unjustified advantage for himself
or a third party thereby causing a loss to the Ukrainian public
budget or assets.
6.3.2014
Viktor
Pavlovych
Pshonka
(Віктор
Павлович
Пшонка)
born on 6
February 1954 in
Serhiyivka
(Donetsk oblast), former
Prosecutor
General of
Ukraine
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds or assets.
6.3.2014
Olena
Leonidivna
Lukash

(Олена
Леонiдiвна
Лукаш),

Elena
Leonidovna
Lukash
Елена
Леонидовна
Лукаш)
Born on 12
November 1976
in Rîbnița
(Moldova),
former Minister of Justice.
Person subject to criminal
proceedings by the Ukrainian
authorities for involvement in the
misappropriation of public funds
or assets and in connection with the misuse of office by a public
office-holder to procure an
unjustified advantage for herself
or a third party thereby causing a
loss to the Ukrainian public
budget or assets
6.3.2014
Andrii Petrovych
Kliuiev

(Андрій
Петрович Клюєв),

Andriy
Petrovych
Klyuyev
born on 12
August 1964 in
Donetsk, former
Head of
Administration of President of
Ukraine
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds
or assets and in connection with the misuse of office by a public
office-holder to procure an
unjustified advantage for himself
or a third party thereby causing a
loss to the Ukrainian public
6.3.2014
Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 budget or assets.
Viktor Ivanovych
Ratushniak

(Віктор
Іванович
Ратушняк)
born on 16 October 1959,
former Deputy
Minister of
Internal Affairs
Person subject to criminal proceedings by the Ukrainian
authorities for the
misappropriation of public funds
or assets and for being an
accomplice thereto.
6.3.2014
Oleksandr
Viktorovych Yanukovych

(Олександр
Вікторович
Янукович)
born on 10 July
1973 in Yenakiieve
(Donetsk oblast),
son of former
President,
businessman
Person subject to criminal
proceedings by the Ukrainian authorities for the
misappropriation of public funds
or assets.
6.3.2014
Artem
Viktorovych
Pshonka
(Артем
Вікторович
Пшонка)
born on 19
March 1976 in
Kramatorsk
(Donetsk oblast), son of former
Prosecutor
General, Deputy
Head of the
faction of Party
of Regions in the
Verkhovna Rada
of Ukraine
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds or assets and for being an
accomplice thereto.
6.3.2014
Serhii Petrovych Kliuiev

(Сергiй
Петрович
Клюєв),

Serhiy Petrovych
Klyuyev


Born on 19 August 1969,
brother of Mr
Andrii Kliuiev,
businessman.
Person subject to criminal proceedings by the Ukrainian
authorities for involvement in the
misappropriation of public funds
or assets. Person associated with
a designated person (Andrii
Petrovych Kliuiev) subject to
criminal proceedings by the
Ukrainian authorities for the misappropriation of public funds
or assets.
6.3.2014
Mykola
Yanovych
Azarov
(Микола
Янович
Азаров),
Nikolai
Yanovich
Azarov

(Николай
Янович Азаров)
born on 17
December 1947
in Kaluga
(Russia), Prime
Minister of
Ukraine until January 2014
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds
or assets.
6.3.2014
Serhiy
Vitaliyovych Kurchenko

(Сергій
Віталійович
Курченко)
born on 21
September 1985 in Kharkiv,
businessman
Person subject to criminal
proceedings by the Ukrainian authorities for the
misappropriation of public funds
or assets.
6.3.2014
Dmytro
Volodymyrovych
Tabachnyk
(Дмитро
Володимирович
Табачник)
Born on 28
November 1963
in Kiev, former
Minister of Education and
Science.
Person subject to criminal
proceedings by the Ukrainian
authorities for involvement in the
misappropriation of public funds or assets.
6.3.2014
Serhiy
Hennadiyovych
Arbuzov

(Сергій Геннадійович
Арбузов),

Sergei
Gennadievich
born on 24
March 1976 in
Donetsk, former
Prime Minister
of Ukraine
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds
or assets.
15.4.2014
Export Control UKRAINE SANCTIONS ORDER 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-33 Subsidiary 2014/027 Arbuzov

(Сергей
Геннадиевич
Арбузов)
Yuriy
Volodymyrovych
Ivanyushchenko
(Юрій
Володимирович
Іванющенко)
born on 21
February 1959 in
Yenakiieve
(Donetsk oblast), Party of Regions
MP
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds or assets.
15.4.2014
Oleksandr
Viktorovych
Klymenko

(Олександр
Вікторович Клименко)
born on 16
November 1980
in Makiivka
(Donetsk oblast),
former Minister
of Revenues and Charges
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds
or assets and for the abuse of
office by a public office-holder in order to procure an unjustified
advantage for himself or for a
third party and thereby causing a
loss to Ukrainian public funds or
assets.
15.4.2014
Edward
Stavytskyi,

Eduard Anatoliyovych
Stavytsky

(Едуард
Анатолійович
Ставицький)
born on 4
October 1972 in
Lebedyn (Sumy
oblast), former Minister of Fuel
and Energy of
Ukraine
Reportedly
residing in Israel.
However, still in
possession of his
Ukrainian citizenship
Person subject to criminal
proceedings by the Ukrainian
authorities for the
misappropriation of public funds or assets.
15.4.2014