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With effect from today, the EU has adopted further sanctions against Russia, expanding the export restrictions on military, industrial and technological items, as well as on items used to develop Russia’s defence and security sector. The measures also include additional import restrictions on a number of Russian goods, including expanding the restrictions on import of steel of Russian origin. Furthermore, the new sanctions prohibit providing IT consultancy, legal advisory, architecture, crypto services etc. to Russian legal persons. Additionally, the scope of certain geographically limited trade restrictions has been extended to also cover the Ukrainian regions of Kherson and Zaporizhzhia. Finally, additional individuals and entities have been added to the asset freeze list.
The new round of sanctions against Russia entered into force on 7 October 2022. The measures are set out in four different regulations accessible here, here, here and here.
The new sanctions are a response to Russia’s continued war against Ukraine, including the recent further annexation of Ukrainian territory[1]. The sanctions significantly expand existing import and export restrictions, while also laying the basis for the required legal framework to implement possible future exemptions for the maritime transport of Russian oil purchased at or below a pre-established price cap[2].
Below, we outline a selection of key changes to be noted by Danish companies to ensure continued compliance with EU sanctions against Russia.
Regulation 2022/1904[3] greatly extends the list of items subject to export restrictions. The new measures expand export restrictions by listing a number of new goods in Annex XXIII that could contribute to the enhancement of Russian industrial capacity. The new listings include a wide range of different items such as chalk, hydrogen, paints and varnishes, hemp yarn and many more.
The regulation also impose a ban on export to Russia of firearms and goods which can be used for torture or other inhuman or degrading treatment.
Furthermore, export prohibitions on items suited for use in aviation or the space industry are also expanded by including goods such as brake linings and hydraulic oils for the usage in vehicles in Annex XI of the regulation.
Regulation 2022/1904 imposes new import restrictions on additional items that generate significant revenue for Russia by adding items to Annex XXI. The new import prohibitions apply to certain goods that originate in Russia or are exported from Russia and include items such as wood pulp and paper, certain items used in the jewellery industry, such as stones and precious metals, and cigarettes.
Moreover, Annex XVII, covering import restrictions on iron and steel products, is expanded with many steel products, such as tin mill products and metal coated sheets. Additionally, a new “part B” is added to Annex XVII which includes restrictions on certain chemical substances.
Currently, providing technical assistance, brokering services or financial assistance, related to the maritime transport to third countries of crude oil or petroleum products which originate in or are exported from Russia is prohibited. However, the new sanctions package lays the basis for the required legal framework to implement possible future exemptions for the maritime transport of Russian oil purchased at or below a pre-established price cap[4].
Regulation 2022/1904 expands prohibitions on engaging in transactions with certain Russian state owned or controlled legal persons, entities or bodies by including a ban on EU nationals holding any posts on the governing bodies of such legal persons, entities or bodies. The regulation also bans all transactions with the Russian Maritime Register.
Regulation 2022/1904 extends the existing prohibition on the provision of certain services to Russia by banning the provision, directly or indirectly, to the Russian Government or legal entities established in Russia of legal advisory services, architectural, engineering services as well as IT consultancy services. The regulation defines the restricted services. For instance, legal advisory services is defined as “the provision of legal advice to customers in non-contentious matters, including commercial transactions, involving the application or interpretation of law; participation with or on behalf of clients in commercial transactions, negotiations and other dealings with third parties; and preparation, execution and verification of legal documents”. There are certain narrow exceptions to the prohibition. Notably, the prohibition does not apply to the provision of services intended for the exclusive use of Russian subsidiaries that are owned by, or solely or jointly controlled by, an EU parent company.
The previously allowed threshold of EUR 10,000 on the provision of crypto-asset wallet, account or custody services to Russian persons and residents is no longer applicable, and such services to Russian persons and residents are now prohibited.
Regulation 2o22/1903[5] extends the geographical scope of the trade restrictions imposed on the Ukrainian regions of Donetsk and Luhansk to include the Ukrainian regions of Kherson and Zaporizhzhia. The regulation imposes a comprehensive import and export ban on goods originating from the regions. Furthermore, the regulation restricts acquisition of real estate or ownership or control of entities in the regions, grant or participation in loan or credit arrangements, joint ventures and investments services. Services related to tourism activities and infrastructure in the regions are also restricted.
EU companies must ensure that imported goods do not originate from Kherson or Zaporizhzhia and that they do not export any restricted items or services to Kherson or Zaporizhzhia. Further, EU companies should also consider how to address the Kherson and Zaporizhzhia regions in sanctions policies and procedures as well as contractual clauses and obligations.
Finally, regulation 2022/1906[6] imposes asset freezes on additional individuals and entities related to Russia and the war in Ukraine. The new listings target those involved in Russia’s occupation, illegal annexation, and sham “referenda” in the occupied territories of Donetsk, Luhansk, Kherson, and Zaporizhzhia regions. It also includes individuals and entities working in the defence sector, such as senior military officials, as well as companies supporting the Russian armed forces.
The scope of applicable sanctions targeting Russia has again been extended and Danish companies should ensure that their sanctions compliance programmes, policies, screening processes and payment processes are updated to ensure that the newly enacted sanctions are appropriately addressed.
In light of the enhanced export controls and new additions to the asset freeze lists, we recommend that Danish companies conduct re-screening of products and business partners.
We further recommend to closely monitor the situation in order to ensure compliance with potential new restrictions which may be imposed with short notice.
Gorrissen Federspiel closely follows the developments of sanctions against Russia and we can assist with the interpretation of and compliance with the applicable sanctions, as well as implementation of measures to ensure that sanctions are observed. If you have any questions, please contact a member of our CSR and Compliance team.
For more information on the previous EU sanctions packages, please see Gorrissen Federspiel’s newsletter of 8 June 2022, newsletter of 11 April 2022, Gorrissen Federspiel’s newsletter of 16 March 2022, Gorrissen Federspiel’s newsletter of 10 March 2022, Gorrissen Federspiel’s newsletter of 2 March 2022, Gorrissen Federspiel’s newsletter of 28 February 2022 and Gorrissen Federspiel’s newsletter of 24 February 2022.
[1] https://ec.europa.eu/commission/presscorner/detail/en/IP_22_5989
[2] https://ec.europa.eu/commission/presscorner/detail/en/IP_22_5989
[3] Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
[4] https://ec.europa.eu/commission/presscorner/detail/en/IP_22_5989
[5] Council Regulation (EU) 2022/1903 of 6 October 2022 amending Regulation (EU) 2022/263 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas
[6] Council Implementing Regulation (EU) 2022/1906 of 6 October 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine