Sanctions against Russia and Belarus: Further information following Announcements A22042 and D22024
Clearstream Banking1 is strongly committed to ensure compliance with regulatory and legal obligations related to international financial sanctions, that is, laws, regulations, embargoes and other restrictive measures enacted or enforced by the United Nations Security Council, the European Union, but also, and as the case may be, by the United States Office of Foreign Assets Control (OFAC), the United Kingdom HM Treasury or by any other relevant jurisdictions.
As an update to customer Announcement A22042 and to ensure compliance with Article 5e of Council Regulation (EU) 833/2014 (as amended) specifically, Clearstream Banking reminds customers to review their individual holdings (up to the beneficial holder). This is to ensure that customers will not directly or indirectly perform activities through their account(s) with Clearstream Banking to support business of any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia (collectively “Russian persons”) in relation to securities issued after 12 April 2022 unless such nationals are also a national of Member State or a natural person having a temporary or permanent residence permit in a Member State. For the avoidance of doubt, this restriction also applies to securities including investment funds and other shares in collective investment schemes issued prior to 12 April 2022 if new securities have resulted from a corporate action or if the amount or number of securities in circulation has increased as a result of a corporate action, such as new subscriptions of shares or taps or rights issues.
This is irrespective as to whether a Russian person is targeted under the sanction regulations relating to Russia. If customers identify a Russian person, Clearstream Banking reminds its customers to notify Clearstream Banking so that it can take appropriate compliance measures, including but not limited to, the transfer of the securities entitlements ultimately owned by the identified Russian person to a segregated client account or to an omnibus account dedicated to the holding of entitlements ultimately owned by identified Russian persons (as relevant).
Accordingly, and as an update to Announcement D22024 to issuers and agents, Clearstream Banking reminds all issuers of securities eligible in Clearstream Banking (including, but not limited to, bonds, equities, structured products and investment funds) to not process new issuances of Russian persons via Clearstream Banking and to adhere to the restrictions resulting from Article 5e of Regulation (EU) 833/2014 (as amended).
Belarusian national or natural person residing in Belarus
Finally, and to also ensure compliance with Article 1x of Council Regulation (EC) No. 765/2006 (as amended), all of the above restrictions apply, mutatis mutandis, with respect to any Belarusian national or natural person residing in Belarus or any legal person, entity or body established in Belarus unless this is a national of a Member State or natural persons having a temporary or permanent residence permit in a Member State.
For further information, customers may contact Clearstream Banking Client Services or their Relationship Officer.
1. This Announcement is published by Clearstream Banking AG (CBF), registered office at Mergenthalerallee 61, 65760 Eschborn, Germany, registered with the Commercial Register of the District Court in Frankfurt am Main, Germany, under number HRB 7500.