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Council Decision 2012/642/CFSP of 15 October 2012… Article 5ba

Council Decision 2012/642/CFSP of 15 October 2012… Article 5ba

Article 5ba

1.   By way of derogation from Article 4 of this Decision, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in Annex I to this Decision, or of a legal person owned or controlled by a legal person, entity or body listed in that Annex, acting as intermediary bank during a transfer of those funds to the Union from the Republic of Belarus, from a third country or from the Union, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds, after having determined that the transfer of such funds is: (a)  between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision; (b)  carried out using accounts at credit institutions that are not listed in Annex I to this Decision; and (c)  not in breach of Article 4(2) or Article 2k of this Decision. This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014. 2.   By way of derogation from Article 4 of this Decision, and provided that the payment concerned was frozen as a result of a transfer to the Union from the Republic of Belarus, from a third country, or from the Union, initiated through or from a legal person, entity or body listed in Annex I to this Decision, or through or from a legal person owned or controlled by a legal person, entity or body listed in that Annex, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of that frozen payment, after having determined that the transfer of that payment is: (a)  between two natural or legal persons, entities or bodies that are not listed in Annex I to this Decision; and (b)  not in breach of Article 4(2) or Article 2k of this Decision. This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014. The beneficiaries of a transfer as referred to in the first subparagraph of this paragraph shall only be nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland. One authorisation per applicant may be granted under this paragraph. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within one week of the authorisation.

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Other provisions in Council Decision 2012/642/CFSP of 15 October 2012…

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-11-02

CitationArticle 5ba of Council Decision 2012/642/CFSP of 15 October 2012… (LawPlayer, data as of 2026-11-02)

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