The Regulation On Restrictive Measures Against People Who Are Considered Responsible For The Misappropriation Of Public Funds, As Well As People Who Are Considered To Have Participated In Human Rights Abuses In Ukraine

Original Language Title: Forskrift om restriktive tiltak mot personer som anses ansvarlige for underslag av offentlige midler, samt personer som anses å ha deltatt i menneskerettighetsbrudd i Ukraina

Read the untranslated law here: https://www.global-regulation.com/law/norway/5963733/forskrift-om-restriktive-tiltak-mot-personer-som-anses-ansvarlige-for-underslag-av-offentlige-midler%252c-samt-personer-som-anses--ha-deltatt-i-menneske.html

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The regulation on restrictive measures against people who are considered responsible for the misappropriation of public funds, as well as people who are considered to have participated in human rights abuses in Ukraine Date-2014-05-09-612 Ministry Ministry of Foreign Affairs Published in 2014 booklet 6 entry into force 09.05.2014 last edited by-2015-08-27-1012 Change applies to Norway Pursuant LAW-2001-04-27-14 Announced at 09.05.2014. 15.10 short title regulations on measures against responsible for human rights violations in the Ukraine Chapter overview: the main part Appendix A: attachment in. list of persons annex II. Websites for information on the competent authorities and address for notification to the European Commission the legal authority: Provided by URkgl.res. May 9, 2014 with the legal authority of the Act 27. April 2001 No. 14 of iverksetjing of international, non-military measures in the form of avbrot or delimitation of economic or anna intercourse with tredjestatar or motions that. Promoted by the Ministry of Foreign Affairs.
Changes: modified by regulation 27 aug 2015 Nr. 1012. § 1. Scope this regulation with attachment apply: a) on the Norwegian territory, including Norwegian airspace b) on board all aircraft or vessel under Norwegian jurisdiction c) towards all Norwegian citizens no matter where they are located d) towards all legal persons, entities and bodies that are established or founded according to Norwegian legislation e) towards all legal persons, entities and bodies with regard to the business they do in whole or in part in Norway.

§ 2. Incorporation of Regulation (EU) No. 208/2014 (1) the European Union's attached Regulation (EU) No. 208/2014 about restrictive measures against certain persons, entities and bodies in view of the situation in Ukraine (as amended by Regulation (EC) No. 381/2014) applies to that regulation with the customizations that follow from this provision.

(2) "Member States", "EUROPEAN UNION" and "the European union" shall be understood as "Norway".

(3) the references to the competent authorities of the Member States, in some case with references to annex II, to be understood as "Ministry of Foreign Affairs".

(4) none of the provisions of the regulation regarding the exchange of information between Member States and the Commission about the exemption applies. Moreover, also article 13 to 18 EU-internal and will not apply. The same applies annex II of the regulation.

(5) "persons responsible for violations of human rights" should, in the light of States ' responsibility under international law for the violations of human rights, understood as "people who are considered to have participated in human rights violations".

§ 3. Penalty Violation of provisions given in this regulation is punishable according to the law on the iverksetjing of international, non-military measures in the form of avbrot or delimitation of economic or anna intercourse with tredjestatar or motions that § 3.

§ 4. Exemption the State Department can dispense from these regulations on the basis of the attached forordnings dispensasjons provisions. The State Department can also in special cases if the dispensers from the regulations get a clearly unintended effect, and assuming that it is not contrary to Norway's obligations under international law or the considerations behind the measures against Ukraine.

§ 5. The change of regulation the State Department be given the authority to modify, suspend or cancel this regulation.

section 6. Forskriftens entry into force this Regulation shall enter into force immediately.

Appendix A: COUNCIL REGULATION (EC) No. 208/2014 of 5. March 2014 about restrictive measures against certain persons, entities and bodies in view of the situation in Ukraine article 1 of this regulation is a) "claim": any disputed or uomtvistet requirements that are made before or after the 6. March 2014, according to or relating to a contract or transaction, especially in) claims about the fulfillment of any obligation which has arisen pursuant to or in connection with a contract or transaction, ii) claim for extension or redemption of a bond, a financial guarantee or to the guarantee, in whatever form, iii) claims for compensation with respect to a contract or transaction , iv) against claims, v) requirements for recognition or enforcement, including by eksigibilitet, of a judgment, an arbitration judgment or a corresponding decision, no matter how it is delivered or struck, b) "contract or transaction": any transaction, in whatever form and regardless of the laws that apply, consisting of one or more contracts or similar obligations that are entered into between the same or different parties; for this purpose includes the phrase "contract" bonds, guarantees and against guarantees, especially financial guarantees and against the guarantees, and any credit, whether it is legal regardless of the contractual relationship or not, as well as any associated with the provision that has occurred in accordance with or in relation to the transaction, c) "competent authorities": the Member States competent authorities as specified on the Web pages listed in annex II, d) "formuesgoder": all types of fixed assets , material or intellectual property, real estate or personal property, which is not money, but which can be used to obtain money, goods or services, e) "freezing of the formuesgoder": to prevent formuesgoder in any way be used to raise money, goods or services, including but not limited to, sell, rent or mortgage them, f) "freezing of funds": to prevent the removal, transfer , change or the use of, access to, or handling of money in any way that may result in changes in volume, amount, location, ownership, possession, nature or purpose or other changes that could make it possible to use the money, including portfolio management, g) "money": financial assets and benefits of every kind, including but not limited to) the amount of money in the cash, checks, claims, bills of Exchange, orders and other payment instruments , ii) in standing at financial institutions or at other businesses, balances on accounts, claim and claim proof, iii) listed and unlisted financial instruments and debt instruments, including stocks and other holdings, investment certificates, bonds, promissory notes, the purchase or subscription rights, unsecured securities and derivative contracts, iv) interest, dividends and other income accrued or on the values or generated by assets, v) credits, offset dishes, warranties, guarantees or fulfillment other financial obligations , we) letters of credit, and mortgage and konnossementer letter vii) documents showing interests in money or financial resources, h) "the European Union's territory": those of Member States ' territories in which the Treaty on the European Union's behavior come to the application, on the terms laid down in the Treaty, including their air space.

Article 2 1.
All money and belonging to the formuesgoder, owned, held or controlled by physical or legal persons, entities or bodies listed in Annex i, shall be frozen.

2. No money or formuesgoder to be provided to you, either express or implied, or be for the benefit of the natural or legal persons, entities or bodies listed in Annex i.

Article 3 1.
Annex I includes individuals who in accordance with article 1 of decision 2014/119/CFSP of the Council are considered to be responsible for having unlawfully acquired Ukrainian public funds, and the persons responsible for violations of human rights in Ukraine, as well as the physical or legal persons, entities or bodies associated with these people.

2. the justification for the attachment in that they contain affected natural or legal persons, entities or bodies are still for sale.

3. Annex I also includes, where available, the necessary information to identify the affected natural or legal persons, entities or bodies. For natural persons this may include your name, including tire name, date of birth and place of birth, citizenship, passport number and identity card number, gender, address, if this is known, and position or profession. For legal persons, entities and bodies, this may include your name, the registration date and place, registration number, and business address.

Article 4 1.
The competent authorities of the Member States may make exceptions from the provisions of article 2 and give permission, on the condition they find appropriate, to release or set certain frozen money or formuesgoder at their disposal when it is determined that the money or formuesgodene a) is required to cover the basic needs of the natural persons listed in Annex i and the family members these physical persons dependants , including payment of food items, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and municipal fees, b) solely to go to the payment of reasonable fees or reimbursement of expenses in connection with legal aid, c) solely to go to the payment of fees and administrative fee for routine storage or management of frozen money or formuesgoder, or d) is required to cover extraordinary expenses , provided that the person concerned the competent authority at least two weeks before the permit is granted, has informed the other Member States the competent authorities and the Commission on the grounds that it believes that a particular permission should be granted.

2. The Member State shall inform the other Member States and the Commission on all permissions that are granted according to the No. 1. Article 5 1.
The competent authorities of the Member States may make exceptions from the provisions of article 2 and give permission to release certain frozen money or formuesgoder provided that a)

money or formuesgodene is the subject of an arbitration judgment delivered before the date the physical or legal person, entity or body referred to in article 2 were listed in Annex i, or for a judicial or administrative decision laid down in the European Union or a judicial decision which is enforceable in the Member State concerned, before or after this date, b) the money or formuesgodene to be used for exclusively to satisfy claims that are secured through or recognised as valid in such a decision , within the limits set forth in the applicable law and regulations on such claims have res rights, c) the decision is not for the benefit of natural or legal persons, entities or bodies listed in Annex i, and d) recognition of the decision is not inconsistent with the competent Member State public order.

2. The Member State shall inform the other Member States and the Commission on all permissions that are granted according to the No. 1. Article 6 1.
In cases where the physical or legal persons, entities or bodies listed in Annex i shall pay the amount due according to a contract, agreement or commitment that the person concerned natural or legal person, entity or body have entered into or incurred before the date they were listed in Annex i, the competent authorities of the Member States may make exceptions from the provisions of article 2 and give permission , on the terms they find appropriate, to release certain frozen money or formuesgoder if the competent authority has determined that a) the money or to be used as formuesgodene payment from a physical or legal person, an entity or a body listed in Annex i, and b) the payment is not in contradiction with article 2 No. 2.2.
The Member State shall inform the other Member States and the Commission on all permissions that are granted according to the No. 1. Article 7 1.
The provision in article 2 No. 2 shall not prevent financial or credit institutions in credit frozen accounts when they receive money transferred by a third party to an account belonging to listed natural or legal persons, entities or bodies, provided that they godskrevne the amounts also freezes. The financial or credit institution shall immediately inform the relevant competent authority of such transactions.

2. The provision in article 2 No. 2 does not apply to amounts applied frozen accounts in the form of a) interest or other returns on these accounts, b) amount due to the payment according to the contracts, agreements or obligations that were concluded or arose prior to the date the physical or legal person, entity or body referred to in article 2 were listed in Annex i, or c) amount due for payment in accordance with the legal , administrative or voldgiftsmessige decisions that are hit in a Member State, or that is enforceable in the Member State concerned, when these interest rates or other earnings and payments are frozen in accordance with article 2 No. 1. Article 8 1.
With the proviso that the current rules on reporting, confidentiality and professional secrecy are observed, to physical and legal persons, entities and bodies a) promptly provide information that can promote compliance with this regulation, including information about the accounts and amounts frozen in accordance with article 2, to the competent authority in the Member State where they are resident or located, and provide information , directly or through the Member State, to the Commission, and collaborate with the b) competent authority if any verification of this information.

2. any additional information the Commission receives directly, to be set at the disposal of the Member States.

3. Any information provided or received in accordance with this article, shall be used only for the purpose it is given or received.

4. The provision in no. 3 shall not prevent Member States from sharing, in accordance with their national legislation, such information with the relevant authorities in Ukraine and other Member States if it is necessary to help ensure that the public funds that are wrongfully acquired, are being rolled back.

Article 9 it is forbidden to participate in activities, intentionally whose purpose or effect to circumvent the measures referred to in article 2.

Article 10 1.
If money and formuesgoder be frozen or not provided to you and this is done in good faith on the grounds that such action is in accordance with this regulation, it should not result in any form of responsibility for the physical or legal person, entity or body which is carrying out the measure, or to their managers or employees, unless it can be proved that the money or formuesgodene was frozen or withheld as a result of negligence.

2. Actions carried out by natural or legal persons, entities or bodies should not result in any form of responsibility if they did not have knowledge of or reasonable cause to assume that their action would be contrary to the prohibitions set out in this regulation.

Article 11 1.
No claim in relation to contracts or transactions for which the implementation is affected, directly or indirectly, in whole or in part, of the measures imposed by this regulation, including damages or other claims of this type, as the claim for compensation or claim pursuant to a warranty, especially a claim for extension or redemption of a bond, a guarantee or to the security, especially financial guarantees or warranties against , in whatever form, shall be satisfied if the forward set of a) natural or legal persons, entities or bodies listed in Annex i, b) natural or legal persons, entities or bodies acting through or on behalf of one of the persons, entities or bodies referred to in the letter a).

2. In the event of a court case about the enforcement of the requirements to the physical or legal person, entity or body that seeks to get the requirement tvangsfullbyrdet, carry the burden of proof for the fulfillment of the requirement is not prohibited according to the No. 1.3.
This article does not affect the right of the physical or legal persons, entities and bodies referred to in no. 1 have to by the courts to get tested the legality of lack of fulfillment of contractual obligations in accordance with this regulation.

Article 12 1.
The Commission and the Member States shall inform each other about measures they hit according to this regulation, and shall exchange all other relevant and available information in connection with this regulation, in particular if a) money that is frozen in accordance with article 2, and the permissions that are granted pursuant to article 4, 5 and 6, b) problems with violations of and enforcement of regulations as well as court decisions taken by national courts.

2. Member States shall immediately inform each other and the Commission on all other relevant and available information that can affect an efficient implementation of this regulation.

Article 13 the Commission has the authority to change Annex II on the basis of information from the Member States.

Article 14 1.
When the Council decides that a physical or legal person, an entity or a body to be covered by the measures referred to in article 2, to attachment to change accordingly.

2. The Council shall announce its decision, including the rationale for the listing, to the physical or legal person, entity or body mentioned in Nr. 1 either directly, if the address is known, or by the publication of an announcement, where the physical or legal person, entity or body be given the opportunity to submit comments.

3. If the presented comments or arising significant new evidence, the Council should take the decision up to the renewed management and inform the physical or legal person, entity or body.

4. the list in Annex i shall be reviewed on a regular basis and at least every twelve months.

Article 15 1.
Member States shall fix the rules for sanctions for breach of the provisions of this regulation and shall take all the necessary measures to ensure that they are implemented. These sanctions must be effective, proportionate and preventive.

2. Member States shall notify the Commission of the rules referred to in no. 1 immediately after the 6. March 2014 and on all subsequent changes.

Article 16 1.
Member States shall appoint the competent authorities referred to in this regulation and identify them on the websites listed in annex II. Member States shall notify the Commission of any change of address on their Web sites listed in annex II.

2. Member States shall notify the Commission of the competent authorities that have been designated, and about how these authorities can be contacted, immediately after this regulation is in force, and all subsequent changes.

3. Where this regulation contains an order to notify, inform, or otherwise communicate with the Commission, to the address and other contact information specified in annex II can be used.

Article 17 this Regulation applies a) on the EU's territory, including in the European Union's air space, b) on board all aircraft and vessels under a Member State's jurisdiction, c) for all persons within or outside the EU territory are citizens of a Member State, d) for all legal persons, entities and bodies within or outside the EU territory which is established or founded according to one Member State legislation , e) for all legal persons, entities and bodies with regard to business operations powered partially or completely in the EU.

Article 18 this Regulation comes into force the day the official publication in the European Union's official journal.
This regulation is binding in all parts and come directly to the application in all Member States.

Attachment in. List of people information pertaining to each of the listed people are rubrisert as follows:-name-identifiable information and birth date where available-Basis-Date for the EU's list. 

1. Viktor Fedorovych Yanukovych 

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 2. Vitalii Yuriyovych Zakharchenko 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. 
6.3.2014 3. Viktor Pshonka Pavlovych 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 4. Olena Leonidivna Lukash, Elena Lukash Leonidovna Born on November 12, 1976 in Rîbnița (Moldova), former Minister of Justice Person subject to investigations by the Ukrainian authorities for the abuse of office as a public office-holder in order to procure an unjustified advantage for herself or for a third party and thereby causing a loss two Ukrainian public funds. 
6.3.2014 5. Andrii Kliuiev Petrovych, Andriy Klyuyev Petrovych Born on August 12, 1964, in Dnipropetrovsk, 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 budget or assets. 
6.3.2014 6. Viktor Ivanovych Ratushniak 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 7. Oleksandr Viktorovych Yanukovych Born on 10 July 1973 in Yenakiieve (Donetsk oblast), the 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 8. Viktor Viktorovych Yanukovych Born on 16 July 1981 in Yenakiieve (Donetsk oblast), the son of former President, Member of the Verkhovna Rada of Ukraine-Person subject to investigations by the Ukrainian authorities for the misappropriation of public funds or assets. Person associated with a designated person (former President of Ukraine, Viktor Fedorovych Yanukovych) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. 
6.3.2014 9. Artem Viktorovych Pshonka Born on 19 March 1976 in Kramatorsk (Donetsk oblast), the 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 10. Serhiy Petrovych, Serhii Kliuiev Petrovych Klyuyev Born on August 19, 1969 in Donetsk, the brother of Mr. Andrii Kliuiev, businessman Person subject to investigation by the Ukrainian authorities for involvement in the misappropriation of public funds or assets and in the abuse of public office as a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss two Ukrainian public funds or assets. Person associated with a designated person (Andrii Kliuiev Petrovych) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. 
6.3.2014 11. Mykola Yanovych Azarov. Nikolai Yanovich Azarov 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 12. Serhiy Vitaliyovych Kurchenko Born on September 21, 1985 in Kharkiv, businessman Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. 
6.3.2014 13. Dmytro Volodymyrovych Tabachnyk Born on 28 November 1963 in Kiev, former Minister of Education and Science-Person subject to investigation by the Ukrainian authorities for the abuse of office as a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss two Ukrainian public funds or assets. 
6.3.2014 14. Raisa Vasylivna Bohatyriova, Raisa Bogatyreva Vasilievna Born on 6 January 1953 in Bakal (Chelyabinsk oblast, Russia), former Minister of Health Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. 
6.3.2014 15. Serhiy Hennadiyovych Arbuzov, Sergei Gennadievich Arbuzov Born on 24 March 1976 in Donetsk, forms Prime Minister of Ukraine-Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. 
15.4.2014 16. Yuriy Volodymyrovych Ivanyushchenko 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 17. Oleksandr Viktorovych Klymenko Born on November 16, 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 two Ukrainian public funds or assets. 
15.4.2014 18. Edward Stavytskyi, Eduard Anatoliyovych Stavytsky 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 annex II.
Websites for information on the competent authorities and address for notification to the European Commission [links are rendered as in the State Department's announcement in Norwegian Lovtidend, Lovdata's note] 
BELGIUM BULGARIA CZECH REPUBLIC http://www.diplomatie.be/eusanctions http://www.mfa.bg/en/pages/135/index.html http://www.mfcr.cz/mezinarodnisankce DENMARK http://um.dk/da/politik-and-diplomacy/retsorden/sanktioner/GERMANY http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html ESTONIA IRELAND GREECE http://www.vm.ee/est/kat_622/http://www.dfa.ie/home/index.aspx?id=28519 http://www.mfa.gr/en/foreign-policy/global issues/URinternational-sanctions.html SPAIN http://www.exteriores.gob.es/Portal/es/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Documents/%20ORGANISMOS%20COMPETENTES%20SANCIONES%20INTERNACIONALES.pdf FRANCE http://www.diplomatie.gouv.fr/autorites-sanctions/CROATIA http://www.mvep.hr/sankcije ITALY http://www.esteri.it/MAE/IT/Politica_Europea/ URDeroghe.htm CYPRUS http://www.mfa.gov.cy/sanctions LATVIA http://www.mfa.gov.lv/en/security/4539 LITHUANIA http://www.urm.lt/sanctions LUXEMBOURG http://www.mae.lu/sanctions HUNGARY http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok MALTA URhttp://www.gov.mt/en/Government/DOI/Pages/Department-of-Information.aspx/a/bodies/boards/URsanctions_monitoring.asp NETHERLANDS http://www.rijksoverheid.nl/onderwerpen/internationale-wrath-a-veiligheid/sancties AUSTRIA http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version = POLAND http://www.msz.gov.pl PORTUGAL http://www.portugal.gov.pt/pt/os-ministerios/ministerio dos negocios estrangeiros-/-quero saber-corn/sobre-o-ministerio/% 20medidas/restritivas/http://www.mae.ro/node/1548 http://www.mzz.gov.si/si/URmedidas-restritivas.aspx ROMANIA SLOVENIA zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/http://www.mzv.sk/sk/europske_zalezitosti/europske_politiky _ SLOVAKIA-eu http://formin.finland.fi/kvyhteistyo/pakotteet sankcie FINLAND SWEDEN UNITED KINGDOM http://www.ud.se/sanktioner https://www.gov.uk/sanctions-embargoes and restrictions Address for notifications to the European Commission: the European Commission Service for Foreign Policy Instruments (FPI) EEA 02/309 B-1049 Brussels Belgium E-mail: relex-sanctions@ec.europa.eu

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