Legal basis for seizing, freezing, Russian oligarchs' assets?

[Northern_Piper]

The question came up in the GD thread on “Sanctions on Russia for invading Ukraine”. Here’s what I posted:

@Northern_Piper

Fair question. I’m not an expert in EU law, obviously, but the answer seems to be that the Council of the EU, composed of the representatives of the national governments, have passed a series of directives which have placed specific individuals on the sanctions list. The various member states are then required to enact local laws to implement that sanctions list.

Here’s the most recent addition to the list of sanctioned individuals, as far as I can tell, adding a swack of Belerussian military officials to the list. Note that the new list starts at 697, so there are already 696 people on the list.

Here’s the rationale for putting number 697 on the list:

Leonid Kasinsky holds the position of assistant to the Belarusian Minister of Defence for ideological work in the armed forces. He is also a head of the Main Directorate for ideological work in the Belarusian Ministry of Defence.

Belarus is participating in the Russian military aggression against Ukraine by allowing Russia to fire ballistic missiles from Belarus into Ukraine, enabling transportation of Russian military personnel and heavy weapons, tanks, and military transporters in Belarus (road and railway transportation) to Ukraine, allowing Russian military aircraft to fly over Belarusian airspace into Ukraine, providing refuelling points in Belarus for Russian military aircraft engaged in activities against Ukraine , and storing Russian weapons and military equipment in Belarus.
Being a high-ranking member of the Belarusian armed forces, Leonid Kasinsky is participating in the actions of Belarus supporting the Russian aggression against Ukraine.

According to this French government article, the French are not confiscating assets of individuals on the sanctions list, but freezing them (“gel”). The owners can access them, in the case of physical things like boats, but can’t use them in any way or sell them.

https://www.tresor.economie.gouv.fr/services-aux-entreprises/sanctions-economiques/dispositif-national-de-gel-des-avoirs

I’ve not found a list of non-miltary types yet, so can’t comment on the rationale for putting them on the list.

And then:
Found it. A list of 26 oligarchs and one state company:

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/uri=CELEX:32022D0337&qid=1646357816498&from=EN

COUNCIL DECISION (CFSP) 2022/337 of 28 February 2022

Citing the EU’s unwavering support for Ukraine’s sovereignty and territorial integrity, the Council added the individauls to the sanctions list. Here’s the rationale for the first one on the list, Igor Ivanovich SECHIN:

Igor Sechin is CEO of Rosneft, Russian state oil company and one of the world’s largest crude oil producers. He is one of Vladimir Putin’s most trusted and closest advisors, as well as his personal friend. He has been in contact with the Russian President on a daily basis. He is considered to be one of the most powerful members of the Russian political elite. His connections to Vladimir Putin are long and deep. He worked with the President in the St Petersburg mayor’s office in the 1990s and has proved his loyalty ever since. In 1999 Mr Sechin became Vladimir Putin’s deputy head of his administration, in 2008 deputy Prime Minister, and in 2012 Rosneft’s CEO. He is one of the Russian oligarchs operating in partnership with the Russian state.

He is among those people from Putin’s circle who receive financial gains and important assignments in return for subordination and loyalty. He has been tasked with important and difficult tasks by the President and rewarded with Rosneft leadership and great wealth. Igor Sechin’s Rosneft was involved in financing the vineyards of the palace complex near Gelendzhik, which is considered to be personally used by President Putin.

Therefore he actively supported materially or financially and benefited from Russian decision-makers responsible for the annexation of Crimea and the destabilisation of Ukraine.

Furthermore, Rosneft Aero, a subsidiary of Rosneft of which Mr Sechin is CEO, delivers jet fuel to the Simferopol Airport which provides air flight connection between the territory of the illegally annexed Crimea and Sevastopol and Russia.

Therefore he is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine.