Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

Round 2 in Ukraine Sanctions: US, EU, Australia, and Russia Take Further Action

OFAC Adds 19 Individuals and a Bank to SDN List; President Obama Signs New Executive Order Authorizing Sanctions to Against Key Sectors of Russian Economy; EU and Australia Sanctions Also Keeping Pace

On March 20, 2014, the United States continued its march of Ukraine-related sanctions against Russia:

  • The US Treasury Department’s Office of Foreign Assets Control (OFAC) designated 19 additional Russian individuals and a bank, Bank Rossiya, adding them to the Treasury Department’s Specially Designated Nationals (SDN) list pursuant to Executive Order 13661 [UKRAINE2]; and
  • President Obama signed a third executive order that paves the way for additional designations on a broad trade-related sanctions on key sectors of Russia’s economy.

These measures come on the heels of recent Ukraine-related sanctions that are discussed in our March 17, 2014 legal alert and are in response to Russia’s actions to annex Crimea subsequent to the March 16, 2014 Crimean Referendum to join Russia, as well as international concerns regarding possible further Russian incursions into Ukraine.

The new SDN designations freeze the assets of 19 additional Russian individuals, including both senior Russian officials and President Putin’s inner circle, a/k/a “cronies,” whom the White House describes as having “substantial resources and influence who provide material support to the Russian leadership.” Their names appear with the designator “[UKRAINE2]” and are listed below. OFAC also added Bank Rossiya, the personal bank for many Russian officials and members of President Putin’s inner circle, to the SDN list on the grounds that it “provides material support to these individuals.”

Moments after President Obama announced this next wave of targeted individuals and entities, Russia responded in kind and announced sanctions that would bar 10 American officials — including House of Representatives Speaker John Boehner, Senator John McCain, and advisers to President Obama (Dan Pfeiffer and Caroline Atkinson) — from entering Russia. President Putin has said that he sees no immediate need for further Russian retaliation against the US but, as the US and international community continue increasing the possibility of new sanctions against Russia, Russia will likely respond in kind.

Additionally, the President signed a new Executive Order that opens the door for broad future sanctions on key sectors of the Russian economy.

Specifically, the new executive order authorizes the designation as SDNs persons who:

  • Operate in such sectors of the Russian Federation economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State, such as financial services, energy, metals and mining, engineering, and defense and related materiel;
  • Have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to, or in support of, any person whose property and interests in property are blocked pursuant to this order; or
  • Have been owned or controlled by, or have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order.

The new Executive Order provides the US Government further flexibility to sanction Russia if Russia further escalates the Ukrainian crisis. The President voiced concern that Russian military positioning could point to “further incursions” into southern and eastern Ukraine, so upcoming events on the ground will likely indicate whether the US will impose sanctions measures pursuant to this new Executive Order.

The President acknowledged that the threatened economic measures if implemented could hurt the global economy, as well as the Russian economy, but said that “Russia must know that further escalation will only isolate it further from the international community.”

On Capitol Hill, House Foreign Affairs Committee Chairman Ed Royce and Ranking Member Eliot Engel introduced a new bill on Friday, March 21, 2014 that would impose sanctions on Russia and provide economic aid to Ukraine. It closely mirrors Senate legislation that is scheduled for a procedural vote on the March 24, 2014 — but without language sought by the White House that would provide more funding for International Monetary Fund loans. When lawmakers return from their spring recess next week, more action is expected.

The European Union has reportedly added 12 additional names to its list of 21 people subject to EU visa bans and asset freezes March 21, 2014. However, like the US, the EU has yet to impose broader economic and trade sanctions, only tasking the European Commission to prepare such measures if Russia further destabilizes Ukraine. The names added to the EU list are also provided below.

Australia on March 19, 2014, announced it would impose travel bans and asset freezes on Russian and Ukrainian officials deemed responsible for Russia’s annexation of Crimea. This list includes eight Russians and four Ukrainians but their names have yet to be released.

As the sanctions swirled, Russian and Ukrainian politicians took definitive steps in different directions: On March 21, 2014, Russian President Putin signed the law annexing Crimea, while the same day, Ukraine’s interim prime minister, Arseniy Yatsenyuk, signed the political provisions of the EU Association Agreement, the Agreement that the former Ukrainian President refused to sign, triggering the protests.

The new lists of designations by the US, EU, and Russia are provided below:

United States (March 20, 2014)

Name

Date of Birth/Place of Birth

Position

DZHABAROV, Vladimir Michailovich

29 Sep 1952

First Deputy Chairman of the International Affairs Committee of the Federation Council of the Russian Federation (individual) [UKRAINE2]

FURSENKO, Andrei Alexandrovich (a.k.a. FURSENKO, Andrei; a.k.a. FURSENKO, Andrey)

17 Jul 1949; St. Petersburg, Russia

Aide to the President of the Russian Federation (individual) [UKRAINE2]

GROMOV, Alexei

1960; Zagorsk (Sergiev, Posad), Moscow Region, Russia

First Deputy Chief of Staff of the Presidential Executive Office; First Deputy Head of Presidential Administration; First Deputy Presidential Chief of Staff (individual) [UKRAINE2]

IVANOV, Sergei (a.k.a. IVANOV, Sergey)

31 Jan 1953; St. Petersburg, Russia

Chief of Staff of the Presidential Executive Office (individual) [UKRAINE2]

IVANOV, Victor Petrovich (a.k.a. IVANOV, Viktor)

12 May 1950; alt. 1952; Novgorod, Russia

(individual) [UKRAINE2]

KOZHIN, Vladimir Igorevich

28 Feb 1959; Troitsk, Chelyabinsk Oblast, Russia

(individual) [UKRAINE2]

KOVALCHUK, Yuri Valentinovich (a.k.a. KOVALCHUK, Yury Valentinovich)

25 Jul 1951; Saint Petersburg, Russia

(individual) [UKRAINE2]

MIRONOV, Sergei Mikhailovich (a.k.a. MIRONOV, Sergei)

14 Feb 1953; Pushkin, Saint Petersburg, Russia

Member of the Council of the State Duma; Leader of A Just Russia Party; Member of the State Duma Committee on Housing Policy and Housing and Communal Services (individual) [UKRAINE2]

NARYSHKIN, Sergey Yevgenyevich (a.k.a. NARYSHKIN, Sergei)

27 Oct 1954; Saint Petersburg, Russia

(individual) [UKRAINE2]

OZEROV, Viktor Alekseevich (a.k.a. OZEROV, Viktor Alexeyevich)

05 Jan 1958; Abakan, Khakassia, Russia

Chairman of the Security and Defense Federation Council of the Russian Federation (individual) [UKRAINE2]

PANTELEEV, Oleg Evgenevich (a.k.a. PANTELEEV, Oleg)

21 Jul 1952; Zhitnikovskoe, Kurgan Region, Russia

First Deputy Chairman of the Committee on Parliamentary Issues (individual) [UKRAINE2]

ROTENBERG, Arkady

15 Dec 1951; St. Petersburg, Russia

(individual) [UKRAINE2]

ROTENBERG, Boris

03 Jan 1957; St. Petersburg, Russia

(individual) [UKRAINE2]

RYZHKOV, Nikolai Ivanovich (a.k.a. RYZHKOV, Nikolai)

28 Sep 1929; Duleevka, Donetsk Region, Ukraine

Senator in the Russian Upper House of Parliament; Member of the Committee for Federal Issues, Regional Politics and the North of the Federation Council of the Russian Federation (individual) [UKRAINE2]

SERGUN, Igor Dmitrievich

28 Mar 1957

Lieutenant General; Chief of the Main Directorate of the General Staff (GRU); Deputy Chief of the General Staff (individual) [UKRAINE2]

TIMCHENKO, Gennady (a.k.a. TIMCHENKO, Gennadiy Nikolayevich; a.k.a. TIMCHENKO, Gennady Nikolayevich; a.k.a. TIMTCHENKO, Guennadi), Geneva, Switzerland

09 Nov 1952; Leninakan, Armenia; alt. Gyumri, Armenia; nationality Finland; alt. nationality Russia; alt. nationality Armenia

(individual) [UKRAINE2]

TOTOONOV, Aleksandr Borisovich (a.k.a. TOTOONOV, Alexander; a.k.a. TOTOONOV, Alexander B.)

03 Mar 1957; Ordzhonikidze, North Ossetia, Russia; alt. Vladikavkaz, North Ossetia, Russia

Member of the Committee on Culture, Science, and Information, Federation Council of the Russian Federation (individual) [UKRAINE2]

YAKUNIN, Vladimir

30 Jun 1948; Vladimir Oblast, Russia

(individual) [UKRAINE2]

ZHELEZNYAK, Sergei Vladimirovich (a.k.a. ZHELEZNYAK, Sergei; a.k.a. ZHELEZNYAK, Sergey)

30 Jul 1970; Saint Petersburg, Russia

Deputy Speaker of the State Duma of the Russian Federation (individual) [UKRAINE2]

Entity
BANK ROSSIYA (f.k.a. AKTSIONERNY BANK RUSSIAN FEDERATION), 2 Liter A Pl. Rastrelli, Saint Petersburg 191124, Russia; SWIFT/BIC ROSY RU 2P; Website www.abr.ru; Email Address bank@abr.ru [UKRAINE2].

   

 

 

 

 

 

European Union (March 21, 2014)

Name

Date of Birth/Place of Birth

Position

ROGOZIN, Dmitry Olegovich

21 December 1963; in Moscow

Deputy Prime Minister of the Russian Federation. Publicly called for the annexation of Crimea.

GLAZYEV, Sergey

1 January 1961, Zaporozhye, (Ukrainian SSR)

Adviser to the President of the Russian Federation. Publicly called for the annexation of Crimea.

MATVIYENKO, Valentina Ivanova

7 April 1949, Shepetovka, Khmelnitskyi oblast (Ukrainian SSR)

Speaker of the Federation Council. On 1 March 2014, publicly supported in the Federation Council the deployment of Russian forces in Ukraine.

NARYSHKIN, Sergei Evgenevich

27 October 1954, St Petersburg (former Leningrad)

Speaker of the State Duma. Publicly supported the deployment of Russian forces in Ukraine. Publicly supported the Russia-Crimea reunification treaty and the related federal constitutional law.

KISELYOV, Dmitry Konstantinovich

26 April 1954

Appointed by Presidential Decree on 9 December 2013 Head of the Russian Federal State news agency "Rossiya Segodnya". Central figure of the government propaganda supporting the deployment of Russian forces in Ukraine.

NOSATOV, Alexander Mihailovich

27 March 1963 Sevastopol, (Ukrainian SSR)

Deputy-Commander of the Black Sea Fleet, Rear-Admiral Responsible for commanding Russian forces that have occupied Ukrainian sovereign territory.

KULIKOV, Valery Vladimirovich

1 September 1956, Zaporozhye, (Ukrainian SSR)

Deputy-Commander of the Black Sea Fleet, Rear Admiral Responsible for commanding Russian forces that have occupied Ukrainian sovereign territory.

SURKOV, Vladislav Yurievich

21 Sptember 1964, Solntsevo, Lipetsk

Aide to the President of the Russian Federation. He was an organiser of the process in Crimea by which local Crimean communities were mobilised to stage actions undermining the Ukrainian authorities in Crimea.

MALYSHEV, Mikhail

-

Chair of the Crimea Electoral Commission. Responsible for administering the Crimean referendum. Responsible under the Russian system for signing referendum results.

MEDVEDEV, Valery

-

Chair of Sevastopol Electoral Commission. Responsible for administering the Crimean referendum. Responsible under the Russian system for signing referendum results.

TURCHENYUK, Lt. Gen. Igor

-

Commander of the Russian forces in Crimea. The de-facto Commander of Russian troops deployed on the ground in Crimea (whom Russia continues to refer to officially as "local self-defence militias").

MIZULINA, Elena Borisovna

-

Deputy in the State Duma. Originator and co-sponsor of recent legislative proposals in Russia that would have allowed regions of other countries to join Russia without their central authorities' prior agreement.

 

 

 

 

 

 

 

Russia (March 20, 2014)

Name

Date of Birth/Place of Birth

Position

Caroline Atkinson

-

Deputy National Security Advisor for International Economic Affairs

Dan Pfeiffer

-

White House Communications Director

Ben Rhodes

-

Deputy National Security Advisor

Harry Reid

-

US Senate Majority Leader

John Boehner

-

Speaker of the House

Robert Menendez

-

Senate Foreign Relations Committee Chairman

Mary Landrieu

-

Senate Energy and Natural Resources Committee Chairman

John McCain

-

US Senator

Dan Coats

-

US Senator

 

 

 

 

 

 

 

Arent Fox has significant experience in helping companies navigate and comply with US sanctions laws and export controls. If you have any questions regarding the above, please contact Philip S. English, Kay C. GeorgiKeith F. Huffman, and Tina Termei with Arent Fox’s International Trade group.

 

 

 

To learn more about protecting US investments in Ukraine during the current crisis, click here.

Contacts

Continue Reading