1. This Claim Form is for the submission of a Claim to the Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine in category B3.2 –   Pillaging and/or appropriation of natural resources.
  2. The determination of whether a Claim is eligible to be recorded in the Register is made by the Board of the Register. Such a determination does not mean that the substance of the Claim or its valuation has been examined, any compensation has been awarded, or any payment is due. Examination of a Claim and award of any compensation will be carried out by a future compensation mechanism (within the meaning of the Statute of the Register) that is yet to be established.
  3. Before submitting the Claim, you are encouraged to consult the information about the Register on its website at www.RD4U.claims or www.RD4U.coe.int and the various rules and instructions related to the submission of Claims, in particular the Rules Governing the Submission, Processing and Recording of Claims.
  4. All Claims must be submitted by using Claim Forms approved by the Register for each category of Claims.
  5. This Claim Form is to be used for submission of Claims by the State of Ukraine (including its regional and local authorities) for the pillaging and/or appropriation of natural resources caused by the Russian Federation’s internationally wrongful acts in the territory of Ukraine within its internationally recognised borders on or after 24 February 2022 – Claims category B3.2. If you wish to submit a Claim for a different type of loss, damage or injury, you should use the Claim Form for the relevant Claims category.
  6. Category B3.2 covers Claims for the pillaging and/or appropriation of natural resources. “Pillaging and/or appropriation of natural resources” means the looting, plundering, exploitation and/or appropriation of natural resources, including both renewable resources and non-renewable resources occurring in their natural state, for their commercial value. Claims in this category can be submitted for the value of the pillaged and/or appropriated resources.
  7. Category B3.2 does not cover Claims in relation to damage to the environment in and of itself. Such claims shall be submitted in category B3.1. Claims for commercial losses incurred by legal entities other than the State of Ukraine as a result of the exploitation of natural resources shall be submitted in the relevant categories.
  8. The Claim must be submitted to the Register through Diia, via the web portal at www.diia.gov.ua/services/RD4U. The Register will process and review the Claim and the supporting Evidence and decide whether the Claim is eligible for recording in the Register. The Register’s decision will be communicated in due course through Diia.
  9. As a Representative of a Claimant, you will be required to submit certain information and Evidence in support of the Claim you file, including proof of your identity and authorisation to act on behalf of the Claimant, and proof of the Claimant’s identity (including, as applicable, economic management («господарське відання»), operational control («оперативне управління»), or the right of usufruct). You will also be asked to submit further information about the pillaged and/or appropriated resources in question, including information about when the pillaging and/or appropriation occurred, a description and evaluation of the resources, and information about the estimated amount of the Claim, its itemisation and methodology of calculation, as well as relevant Evidence in this respect. You are required to submit a detailed description of the Claim as a whole, as well as its elements in the Claim Form.
     
  10. Some information will be drawn from various existing electronic sources and will be automatically available through Diia. Some information and Evidence will have to be put in manually. You will have a chance to check all information before it is submitted to the Register.
  11. You are encouraged to submit all relevant Evidence in support of the Claim. This encompasses any documents, records, statements, photos or other material that will facilitate the Register’s processing and review of the Claim. You are encouraged to preserve originals of all Evidence and all potential further Evidence that you may wish to submit at a later date while awaiting the resolution of the Claim.
  12. You do not need to complete the Claim Form all at once, and you will be able to save the draft Claim and complete it at a later stage.
  13. You should ensure that the files submitted as part of the Claim are accessible, readable and not infected with computer viruses or any form of malicious software. If the Register identifies any files submitted by you as inaccessible, unreadable, or infected, the Claim may not be recorded in the Register.
  14. By submitting the Claim and the supporting Evidence and information, you confirm that you have the right to transfer any personal data contained in the Claim or related Evidence to the Register, you agree to such transfer and authorise the Register to store, process and transfer such personal data in accordance with the Register’s Principles on the Protection of Personal Data.
  15. By submitting the Claim and the supporting Evidence and information, you confirm that the information about your identity and authorisation to act on behalf of the Claimant is true. The Claimant confirms its identity and that the content of the Claim Form and the attached Evidence and information is true. The Claimant understands that submitting an untruthful or false Claim, may result in the Claim being considered as manifestly unfounded and not recorded in the Register.