The New Ukrainian Sanctions Act

Original article: http://varjag-2007.livejournal.com/6710678.html
Translated by Nataly
Edited by S. Naylor

The Junta abrogates even the appearance of justice…
Today Poroshenko signed the Act on sanctions. What a glorious law!
Now Ukraine does not need courts.

All decisions will be made by the National Security and Defense Council (NSDC) of Ukraine and will be approved by the President and the Rada among other things in relation to its own citizens. Falling under suspicion that you are a “terrorist”, the sanctions will be immediately applied against you.

Under this Law, the citizens of Ukraine—without any court order—can be deprived of the ability to enjoy their possessions, to privatize them, to import currency, as well as other sanctions. Moreover, this is in addition to the measures provided by the Criminal Code of Ukraine, where in addition to the articles concerning the “national security” of the country and prison time, huge changes are made on the deprivation of citizenship.

Taking into account that the country is on a “witch hunt”; and just today Ministry of Internal Affairs reported “four thousand terrorists on the Internet”; the results are  expected to be impressive.

Amended by
The Cabinet of Ministers of Ukraine
A. YATSENIUK

Law of Ukraine

On sanctions

Article 1. The sovereign right of Ukraine to defense

1. In order to protect the national interests, national security, sovereignty and territorial integrity of Ukraine, to counteract the terrorist activity as well as to prevent the violation of rights or to restore the violated rights, freedoms and legal interests of the Ukrainian citizens, society and state, economic and others restrictive measures (hereunder referred to sanctions) can be applied.

2. Sanctions can be applied by Ukraine against a foreign state, a foreign legal person, a legal entity where a foreign legal person or entity is the owner of a qualifying shareholding, foreigners and stateless persons, citizens of Ukraine, legal entities established under the laws of Ukraine, and other subjects engaged in terrorist activities.

3. Application of sanctions does not exclude application of other measures for protection of the national interests, national security, sovereignty and territorial integrity of Ukraine, its economic independence, rights, freedoms and legal interests of Ukrainian citizens, society and state.

Article 2. Legal basis for the application of sanctions

1. Legal basis for the application of sanctions consists of the Constitution of Ukraine, the international treaties of Ukraine approved to be binding by the Verkhovna Rada of Ukraine, laws of Ukraine, regulations of the President of Ukraine and the Cabinet of Ministers of Ukraine, decisions of the National Security and Defense Council, the relevant principles and norms of international law.

Article 3. Bases and principles for the application of sanctions

1. Bases for the application of sanctions include:

1) Actions of a foreign state, a foreign legal entity or legal person, other subjects creating real and/or potential threats to the national interests, national security, sovereignty and territorial integrity of Ukraine, promoting terrorist activity and/or violating human rights and freedoms, interests of the society and state, and leading to occupation of the territory, expropriation or restriction on the property right, problem of property losses, creation of obstacles for sustainable economic development, full implementation by citizens of Ukraine of their rights and freedoms;
2) Resolutions of the General Assembly and the United Nations Security council;
3) Resolutions and orders of the Council of the European Union;
4) Violations of the Universal Declaration of Human Rights and the United Nations Charter;

2. Application of sanctions is based on the principles of law, transparency, objectivity, compliance with the purpose and effectiveness of use.

3. Bases for the application of sanctions also include commitment by a foreign state, a foreign legal entity, a foreigner, a stateless person, subjects engaged in the terrorist activities and actions determined in paragraph 1 of part one of this Article in respect of another state, citizens or legal entities of the last.

Article 4. Types of sanctions

1. Under the present Law the types of sanctions include:

  1) – blocking of assets – a temporal restriction of the rights of a person to use and    dispose the property;
  2) – restriction of the trade transactions;
  3) – restriction, full or partial termination of the resource transit, flights and transportation across the territory of Ukraine;
  4) – prevention of capital withdrawal from Ukraine;
  5) suspension of economic and financial obligations fulfillment;
 6) cancellation or suspension of licenses and other permits, obtainment (availability) of which is a condition for implementing certain activities, in particular, annulment or suspension of special permits for subsoil use;
 7) prohibition of participation in privatization, rent of state property by foreign state residents or persons who are directly or indirectly controlled by the foreign state residents or act on their behalf;
  8) restriction or termination of postal services;
  9) prohibition or restriction of re-transmission of television and radio channels;
10) prohibition of usage of radio frequency resources of Ukraine;
11) restriction or termination of mass media and other business information activities, including the Internet;
12) limitation or prohibition of the production or distribution of printed matters and other information materials;
13) restriction or termination of the provision of telecommunication services and use of the public telecommunication networks;
14) prohibition of state procurement of goods, works and services in state-owned legal entities being residents of foreign state and the legal entities, the share of authorized capital of which belongs to a foreign state, as well as realization of state procurement in other business entities that sell goods, works and services originating from the foreign state against which under the present Law sanctions are applied;
15) prohibition or restriction of entry of sea vessels in the territorial waters or ports of Ukraine and aircraft in the airspace of Ukraine, or landing on the territory of Ukraine;
16) full or partial prohibition of the transactions with securities, issuers of which are the persons against whom under the present Law sanctions are applied;
17) prohibition of issuing permits and licenses of the National Bank of Ukraine for realization of investments into a foreign state, placement of currency valuables on accounts and deposits on the territory of a foreign state;
18) termination of issuing permits and licenses for import into Ukraine from a foreign state, or export from Ukraine of currency valuables, and restriction of cash withdrawals from payment cards emitted by the residents of a foreign state;
19) prohibition of registration by the National Bank of Ukraine of a participant of the international payment system, the payment organization of which is a resident of a foreign state;
20) no increase in the size of the share capital of companies, or enterprises in which a resident of a foreign State, a foreign country, a legal person, of which the non-resident or foreign State, owns ten percent or more of the share capital or has influence on the management of a legal entity or its activities;
21) the imposition of additional measures in the field of environmental, sanitary, phyto-sanitary and veterinary control;
22) termination of trade agreements, joint projects and industrial programs in certain spheres, particularly in the fields of security and defense;
23)prohibition on the transfer of technology and intellectual property rights;
24)termination of cultural exchanges, scientific cooperation, education and sports contacts, entertainment programs with the foreign states and foreign legal entities;
25) denial and the abolition of visas for residents of foreign countries, the use of other prohibitions of entry to Ukraine;
26)the termination of treaties, consent to be bound by the Verkhovna Rada of Ukraine;
27)cancellation of the official visits, meetings, negotiating contracts or agreements;
28) deprivation of the State awards of Ukraine, other forms of commemoration;
29) other sanctions corresponding to the principles of their application established in the present Law.

2 Sanctions under this Act are not measures of protection of the rights and interests of the participants of foreign economic activity, the terms and conditions for the use of which is governed by a special law.

Article 5. Application, cancellation and amendment of sanctions

1. Proposals on the application, cancellation and change penalties are submitted to the national security and Defense Council of Ukraine by the Verkhovna Rada of Ukraine, the President of Ukraine, Cabinet of Ministers of Ukraine, the National Bank of Ukraine, the Ukrainian security service.

2. the decision on the application, cancellation and changes to sanctions against a foreign State or an indeterminate number of persons of a particular type of activity (sectoral sanctions), as provided in paragraphs 1-5, 8, 17-19, 21-24, 29 of the first paragraph of article 4 of this law, shall be taken by the Council of national security and defense of Ukraine, shall be put into effect by presidential decree and approved within 48 hours from the date of publication of the Decree of the President of Ukraine by the Verkhovna Rada of Ukraine. This decision shall enter into force upon adoption of the resolution of the Verkhovna Rada of Ukraine and is binding.

3. Decisions on the application, cancellation and changes to sanctions against certain foreign legal persons, the legal entity in which a foreign legal or natural person owns substantial interest, foreigners, stateless persons and terrorist activities entities (personal sanctions), stipulated by items 1-25, 27, 28 of the first paragraph of article 4 of this law, shall be taken by the Council of national security and defense of Ukraine and put into effect by presidential decree. This decision shall enter into force after publication of the Decree of the President of Ukraine and is binding.

4. termination of treaties, consent to be bound by the Verkhovna Rada of Ukraine, as a sanction under this Act by the Parliament of Ukraine on the recommendation of the President of Ukraine or other subject of legislative power.