Tenth sanctions package against Russia contains significant tightening measures

03/01/2023
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With its tenth sanctions package, published in the Official Journal of the European Union on February 25, 2023, the EU has significantly tightened and expanded the sanctions against Russia. Companies should closely examine the effects on their business activities.

The new EU sanctions particularly aim to further weaken Russia financially and economically, thus impeding a continuation or even intensification of its war of aggression against Ukraine. The further sanctions are both related to persons and goods.

An overview of the sanctions against Russia:

Regulation (EU) 2023/426 of February 25, 2023, on the amendment of Regulation (EU) 269/2014, contains changes in connection with exceptions regarding the provision ban on moneys and economic resources as well as reporting and information duties in connection herewith.
Under implementing regulation (EU) 2023/429 of February 25, 2023, on the implementation of Regulation (EU) No. 269/2014, restrictive measures were adopted against another 87 persons and 34 entities and Annex I was amended accordingly. In concrete terms: These persons and entities are now also subject to the provision bans.
Regulation (EU) 2023/427 of February 25, 2023, amending Regulation (EU) No. 833/2014: This amending regulation comprehensively expanded the sanctions. At the same time, transitional regulations (existing contract clauses) were created for the new sanctions. Selected changes are listed below:

Prohibition of transit of dual-use goods, firearms, related parts and essential components and ammunition from the EU through the territory of Russia.
Expansion of the scope of goods (Annex XXI, Part C) generating significant revenue for Russia which are therefore subject to a ban on purchases and imports.
Extension of the ban on exports and the provision of goods which contribute in particular to strengthening Russia’s industrial capacity (Annex XXIII, Part C). Part C concerns the area of flat-rolled iron products under HS 7208 to 7210.
Changes regarding the purchase, sale or provision of services in connection with transferable securities and money market instruments.
Russian resident individuals and Russian citizens must not hold positions on governing bodies of companies that own or operate critical infrastructure and facilities. There are exceptions for citizens of the EU, EEA or Switzerland.
For increased legal certainty, Art. 12e provides that goods physically located in the Union (no release for free circulation required) may be released by customs authorities if they have already been presented to customs before the new import prohibitions enter into force or start to apply. This also applies to goods that have been placed under a suspension procedure, e.g., customs warehouse, inward processing, etc., after presentation.
The prohibitions on consulting under Art. 5n may be suspended upon request in cases where such consulting is necessary for the companies’ withdrawal from Russia.
Other substantive amendments in Annexes IV, VII, VIII, XI, XV, XXI and XXIII

Due to the very comprehensive amendments, we recommend that all companies carefully examine whether individual changes have an impact on their own business activities. It should also be noted that the prohibitions generally apply not only directly, but also indirectly.

It is therefore still imperative to refrain from even alleged acts of circumvention and thus avoid penalties and sanctions against one’s own company, management and employees.