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The sanctioning measures adopted against Russia and Belarus ban
the direct or indirect import or export of certain goods, as well
as the knowingly also intentionally participation, in activities
aimed at circumventing such prohibitions.
The European Union has recently issued a notice (2022/C 145
I/01) to economic operators clarifying the sanctioning measures
In particular, with this notice, the European Union is targeting
cases of triangulation of supplies and advising Community economic
operators to take adequate due diligence measures aimed at
preventing circumvention of the sanctioning measures:
- through exports to third
countries from where such goods can be resold in
Russia and Belarus, such as the countries of the Eurasian Economic
Union (EAEU composed, in addition to Russia and Belarus, of
Armenia, Kazakhstan and Kyrgyzstan), in view of the fact that goods
imported into any one EAEU state are in free circulation throughout
all other EAEU states;
- through imports from third
countries from where goods can be diverted to the EU,
in particular when such countries do not apply restrictions on
imports from Russia and Belarus, such as the above-mentioned EAEU
countries, Turkey and China.
To this end, it is advisable to introduce specific statements
and/or safeguard clauses in contracts, such as:
- statements to specify that the imported or exported goods are
not covered by the restrictions;
- statements acknowledging that compliance with EU sanctions
regulations is an essential element of the contract, the breach of
which entails the immediate termination of the same and/or possible
compensation for damages;
- clauses committing the importer located in third countries not
to resell the goods under reference in Russia or Belarus and/or to
resell such goods only to third parties who expressly undertake not
to (re-)export the same to Russia or Belarus.
Originally Published 06 May 2022
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