9 Ukraine: EU restrictive measures
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Council Decision regarding restrictive measures against the former Ukrainian leadership
|
| Legal base | (a) Article 29 TEU
(b) Article 215 TFEU; QMV
|
| Department | Foreign and Commonwealth Office
|
| Document numbers | (a) 36632, —; 36633, —
|
Summary and Committee's conclusions
9.1 The documents amend the designation criteria provided in the
restrictive measures targeting individuals held responsible for
the misappropriation of Ukrainian state funds and human rights
violations in Ukraine, and persons, entities or bodies associated
with them.
9.2 The Council first adopted a Decision on this
issue on 5 March 2014, when 18 individuals (former President Yanukovich,
two of his sons and 15 other former Ministers and members of his
administration) were included on the annex of persons subjected
to the restrictive measures. A further Council Decision adopted
in 14 April 2014 added another four individuals to the annex,
and also amended the identifying information for three listed
individuals. The amendment to the criteria will allow for clarification
of the criteria targeting those responsible for misappropriating
state funds.
9.3 It does not amend the criteria set out for those
responsible for human rights violations. These measures are also
distinct from the measures taken in response to Russia's ongoing
destabilisation of Ukraine and the illegal annexation of Crimea.
9.4 The Minister for Europe (Mr David Lidington)
explains that:
— the
inclusion of those targeted on the sanctions list was to help
prevent further asset flight, thus protecting state funds for
use by future governments, as well as supporting the rule of law
in Ukraine;
— the documentary evidence provided to
support these listings comprised letters from the Ukrainian Prosecutor
General indicating an intention to prosecute for the misappropriation
of state funds;
— the Ukrainian Prosecutor General has
now provided the Council with attestations setting out the progress
of their investigations;
— following on from the submission of these
attestations, the Council has sought clarification on the activities
that constitute misappropriation of assets under Ukrainian law,
to ensure the listings remain robust; and
— the new Council Decision and Regulation
amend the existing criteria and take account of the full range
of criminal activity being investigated by the Ukrainian Authorities
that come under the definition of misappropriation.
9.5 The Minister also apologises for the scrutiny
override, explaining that: with the measures under review and
needing to be renewed before 5 March; the need to ensure that
the listings remained robust; and the legal requirement that individuals
are notified of their relisting ahead of the renewal of the measures,
and given adequate time to make any representations against their
re-listing, it was necessary to adopt this Council Decision and
Council Regulation at short notice, i.e. on 29 January. If prompt
action had not been taken, the Minister says, it might have been
impossible to re-list any of the 22 individuals before the current
measures expire, and any assets currently frozen under those measures
would have had to have been released.
9.6 No legal issues arise. And in other circumstances
the straightforward "rollover" of measures designed
to reclaim misappropriated funds from a previous leadership that
is now unheard of would not warrant a Report to the House. However,
given how the crisis has developed since these measures were first
imposed, and its continuation, on this occasion we consider that
the continuation of these measures should be drawn to the House's
attention.
9.7 We now clear the documents, and in the circumstances
outlined by the Minister, do not take issue with his having over-ridden
scrutiny.
Full
details of the documents:
(a) Council Decision (CFSP) 2015/143 of 29 January 2015 amending
Decision 2014/119/CFSP concerning restrictive measures directed
against certain persons, entities and bodies in view of the situation
in Ukraine: (36632), —; (b) Council Regulation (EU) 2015/138
of 29 January 2015 amending Regulation (EU) No. 208/2014 concerning
restrictive measures directed against certain persons, entities
and bodies in view of the situation in Ukraine: (36633), —.
Background
9.8 In his Explanatory Memorandum of 2 February 2014,
the Minister says that the asset freeze on 22 individuals associated
with the former Ukrainian Government, and who were identified
as being responsible for the misappropriation of Ukrainian State
funds, was taken to help prevent further asset flight, thus protecting
state funds for use by future governments, as well as supporting
the rule of law in Ukraine; and the documentary evidence provided
to support these listings comprised letters from the Ukrainian
Prosecutor General indicating an intention to prosecute for the
misappropriation of state funds.
The Government's view
9.9 The Minister says:
"The Ukrainian Prosecutor General has provided
the Council with attestations setting out the progress of their
investigations. Following on from the submission of these attestations,
the Council has sought clarification on the activities that constitute
misappropriation of assets under Ukrainian law, to ensure the
listings remain robust. The new Council Decision and Regulation
amend the existing criteria and take account of the full range
of criminal activity being investigated by the Ukrainian Authorities
that come under the definition of misappropriation."
The Minister's letter of 2 February 2015
9.10 Noting that, being in need of renewal before
5 March 2015, and to ensure that the listings of those targeted
by these measures remained robust, all individuals who meet the
amended criteria will need to be re-listed, the Minister then
says:
"Because of the legal requirement that individuals
are notified of their relisting ahead of the renewal of the measures,
and to ensure they are provided adequate time to make any representations
against their re-listing, it has been necessary to adopt this
Council Decision and Council Regulation at short notice. If prompt
action had not been taken, it might have been impossible to re-list
any of the 22 individuals before the current measures expire,
and any assets currently frozen under those measures would have
been released.
"I therefore regret that I found myself in the
position of having had to agree to the adoption of these Council
Decisions and Council Regulations before your Committee had had
an opportunity to scrutinise the documents."
Previous Committee Reports
None, but see (35905), — and (35906), —:
Forty-seventh Report HC 83-xlii (2013-14), chapter 23 (30
April 2014); (35880), — and (35881), —: Forty-fourth
Report HC 83-xxxix (2013-14), chapter 3 (26 March 2014); and (35848),
— and (35849), —: Fortieth Report HC 83-xxxvii (2013-14),
chapter 1 (12 March 2014).
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