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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 30, 2016 No. 888

Some questions of preparation of offers to the Cabinet of Ministers of Ukraine concerning application, cancellation and modification of sanctions

(as amended on 13-01-2021)

The Cabinet of Ministers of Ukraine decides:

Approve the Procedure for preparation of offers of the Cabinet of Ministers of Ukraine concerning application, cancellation and modification of sanctions which is applied.

The prime minister - the minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 30, 2016, No. 888

Procedure for preparation of offers to the Cabinet of Ministers of Ukraine concerning application, cancellation and modification of sanctions

1. This Procedure determines the procedure of preparation of offers of the Cabinet of Ministers of Ukraine concerning application, cancellation and modification of special economic and other rationing measures (further - sanctions) which are submitted by the Cabinet of Ministers of Ukraine for consideration of the National Security and Defense Council of Ukraine according to the Law of Ukraine "About sanctions".

2. In this Procedure terms are used in the value given in the Law of Ukraine "About sanctions" (further - the Law) if other is not determined by this Procedure.

3. Preparation and introduction to the Cabinet of Ministers of Ukraine of offers concerning application, cancellation and modification in sanctions is performed according to the legislation, including taking into account requirements of Regulations of the Cabinet of Ministers of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 18, 2007 No. 950 (The Official Bulletin of Ukraine, 2007, No. 54, Art. 2180; 2011, No. 88, the Art. 3199), state bodies to which powers ensuring forming and realization of state policy belongs in the field of in which there came the bases for application of sanctions (actions of foreign state, foreign legal entity or physical person, other subjects) (further - the initiator were made) if other is not provided by this Procedure.

4. The draft decision of the Cabinet of Ministers of Ukraine about approval and submitting for examination of the National Security and Defense Council of Ukraine of offers on application, cancellation and modification of sanctions shall contain:

information on type (types) of sanctions and term (terms) of their application, cancellation, except cases of application of the sanctions leading to the termination of the rights and other sanctions which on content cannot temporarily be applied;

the data identifying the subject (subjects) to whom, (which) are offered to apply sanctions. For the legal entity - the name and the location, the state of registration (in the absence of data on the state of registration - information on lack of registration in Ukraine), other data which identify it. For physical person - the name, depending on national traditions can consist of surname, own name and middle name, birth date, data on the identity document (in the presence), and about nationality (in the absence of data on nationality - information on absence at person of citizenship of Ukraine). Such data are stated in Ukrainian and language of the state of nationality, accommodation (stay) of physical person or registration of the legal entity. Information on surname, own name and middle name of physical person is specified also Latin letters, according to writing in the passport document of the foreigner or stateless person or the document which proves the identity and confirms citizenship of Ukraine (in the absence of information Latin the initiator performs transliteration). Also in addition other information which can promote implementation of identification of the corresponding person can be specified;

the data testimonial of finding of the legal entity under control of the foreign legal entity or physical nonresident person in value of the term "control" according to article 1 of the Law of Ukraine "About protection of the economic competition", in case of introduction of offers on application of personal sanctions against the corresponding person;

the data testimonial of terrorist activities of person in value of the term "terrorist activities" according to article 1 of the Law of Ukraine "About fight against terrorism", - in case of introduction of offers on application of personal sanctions against the corresponding person;

the name of foreign state to which it is offered to apply sanctions, and identification of certain type of activity, including based on the corresponding qualifier of types of economic (external economic) activity, - in case of introduction of offers of rather sectoral sanctions;

statements of the actions and the facts confirming availability of the bases for application of the sanctions specified in article 3 of the Law;

details of the relevant decision of the National Security and Defense Council of Ukraine concerning application or change of sanctions - in case of introduction of offers on cancellation or modification of sanctions;

the name of state bodies which are offered to charge execution of the decision of the National Security and Defense Council of Ukraine on application, cancellation and modification of sanctions, information on monitoring of condition of accomplishment of such decision of the National Security and Defense Council of Ukraine and its efficiency;

the offered terms of removal of question for consideration of the National Security and Defense Council of Ukraine.

5. The explanatory note which shall contain data relatively is attached to the draft decision of the Cabinet of Ministers of Ukraine:

reasons for possibility of goal achievement of application of sanctions, certain article 1 of the Law, in case of application or modification of sanctions;

reasons for capability of the sanctions or changes against them specified in the draft decision of the Cabinet of Ministers of Ukraine to eliminate or reduce negative effects of actions, violations, certain as the basis for application of sanctions in article 3 of the Law if the basis for application or modification of sanctions by the initiator determines the mentioned actions, violations;

references to resolutions of the General Assembly and the Security Council of the United Nations, the decision and regulations of the Council of the European Union if the basis for application, modification of sanctions or cancellations of sanctions by the initiator determines the mentioned decisions or acts;

the expected positive effects of application of sanctions;

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