Consolidated version on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 [Version of 31 May 2023]

The EC has published an updated consolidated version of its FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 in the light of the on going conflict in Ukraine. The consolidated version includes FAQs concerning EU sanctions adopted following Russia’s military aggression against Ukraine.
The update includes the following additional questions which we would like to present in full, quote:
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Section B „INDIVIDUAL FINANCIAL MEASURES.“, topic 1 „ASSET FREEZE AND PROHIBITION TO MAKE FUNDS ANDECONOMIC RESOURCES AVAILABLE“ (starting on page 21)
Question 41 (p. 39): Can a non-sanctioned company request an authorisation to use the derogations on trade in fertilisers if it does not consider itself to be owned or controlled by a sanctioned person, but its counterparts do? Would that amount to an acknowledgement of ownership and/or control by the sanctioned person over the company?
Answer: Provided that a company fulfils the criteria laid out in the Regulation to request an authorisation, its/its directors’ subjective position regarding the ownership and/or control of the sanctioned individual over the company does not prevent it from applying for an authorisation. The Regulation does not draw any conclusions from such an application as to whether the company is indeed owned and/or controlled by the sanctioned individual.
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Section G „SECTOR SPECIFIC QUESTIONS.“, topic 1 „MEDIA“ (starting on page 270)
Question 3 (p. 272): The targeted entities have Internet subdomains and also newly-created domains. Are EU operators obliged to avoid enabling, facilitating or otherwise contributing to access to all such subdomains and new domains?
Answer: The entity that registers a domain has control over the subdomains; if the domain is blocked, its subdomains should be blocked as well. The prohibition laid down in the Regulation also applies to newly created Internet domains that are in substance run or controlled by the targeted entities or used to circumvent the prohibition at issue.
Indicative and non-exhaustive lists of domains and subdomains can be found in the websites of some national regulators:
– https://www.rtk.lt/lt/atviri-duomenys/ribojimai-susije-su-tarptautiniu-sankciju-igyvendinimu
– https://www.rtk.lt/uploads/documents/files/atviri-duomenys/neteisetos-veiklos-vykdytojai/IP_adresu_sarasas.txt
– https://www.rtk.lt/lt/atviri-duomenys/neteisetos-veiklos-vykdytojai
– https://www.rtr.at/Paragraf_64_3a_AMD-G
– https://ttja.ee/ariklient