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1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology as listed in Annex XXXIII, whether or not originating in the Union, to any natural or legal person, entity or body in the third country specified in that Annex.

3. Annex XXXIII shall only include sensitive dual-use goods and technology, or goods and technology that might contribute to the enhancement of Russia’s military, technological or industrial capacities or to the development of Russia’s defence and security sector, in a way that strengthens its ability to wage war, and whose export to Russia is prohibited under this Regulation and that present a high and continuous risk of being sold, supplied, transferred or exported from third countries to Russia after being sold, supplied, transferred or exported from the Union. Annex XXXIII shall specify, for each item of listed goods or technology, the third countries to which the sale, supply, transfer or export is prohibited. Annex XXXIII shall only include third countries that have been identified by the Council as having systematically and persistently failed to prevent the sale, supply, transfer or export to Russia of goods and technology, as listed in that Annex, exported from the Union, despite the Union’s prior outreach and assistance to the country in question.

4. If the sale, supply, transfer or export of goods or technology listed in Annex XXXIII to a natural or legal person, entity or body in Russia or for use in Russia is not prohibited under certain exemptions provided for in this Regulation, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified shall not be prohibited, provided that the same conditions applicable under this Regulation for export to Russia or for use in Russia are fulfilled.

5. If the sale, supply, transfer or export of goods or technology listed in Annex XXXIII to a natural or legal person, entity or body in Russia or for use in Russia can be authorised by the competent authorities in accordance with this Regulation, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified may be authorised by the competent authorities under the same conditions applicable to derogations for exports to Russia or for use in Russia.

2. It shall be prohibited to:

(a) provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in the third country specified;

(b) provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in the third country specified;

(c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in the third country specified.