EU's 14th package of sanctions against Russia comes into force

Energy - new restrictions on Russian liquified natural gas (LNG)

The EU has now moved to prohibit to import and purchase Russian origin or exported LNG through EU terminals that are not connected to the interconnected natural gas system. The EU Member States have varying degrees of reliability on Russian LNG, and Russian LNG has therefore been a point of some controversy in the EU. The measures that have been introduced will therefore not target the use of LNG in the EU, but rather just the re-export through the EU.

A prohibition of providing reloading services in the EU for transshipment operations of LNG originating in or exported from Russia has been adopted. The prohibition applies to re-loading operations, to ship-to-ship transfers, and ship-to-shore transfers. However, the prohibition will not impact import into the EU, only transshipments to third countries. Competent authorities in the EU member states can make exemptions for transshipment of Russian LNG where the end use is within the EU. There is a grace period before these provisions take effect, so that existing contracts may be completed.

Furthermore, the EU aims to limit further development of the Russian LNG industry. The new sanctions prohibit new investments and the provision of goods, technology and services for the completion of LNG projects under construction.

Anti-circumvention

The package introduces new tools against circumvention of the existing measures and restrictions. The new tools include:

• A requirement for EU parent companies to undertake their best efforts to ensure that third-country subsidiaries do not partake in any activities resulting in an outcome that the sanctions seek to prevent. This provision expands the scope of EU sanctions beyond the EU and on to subsidiaries in third countries.
  • Best efforts shall be understood as implementing actions that are suitable and necessary to prevent the undermining of the restrictive measures, and can include the implementation of appropriate policies, controls and procedures. At the same time, best efforts should be understood as compromising only actions that are feasible for the EU operator in view of its nature, its size and the relevant factual circumstances. Further guidance on this requirement remains to be published.

• A requirement for EU operators selling certain goods, including goods used in aviation, certain fuels, weapons and ammunition and so-called "common high priority items" to third countries, to implement due diligence mechanisms capable of identifying and assessing risks of re-exportation to Russia, and to mitigate such risks.
  • Common high priority items include a number of goods, which all have in common that these are desired by Russia for use in its war efforts in Ukraine. These goods include e.g. semiconductors, certain electronic integrated circuits, radio navigational aid apparatuses, signal generators, oscilloscopes, and digital cameras and video camera recorders.
  • Exporters of these items may be required to include a contractual provision to restrict re-export to Russia.

• A prohibition against engaging in any transaction with entities outside the EU that are credit, financial or crypto institutions involved in facilitating the supply of dual-use goods and technology and certain other goods, such as firearms and ammunition and common high priority items to Russia.

• A requirement for EU operators selling, licensing or transferring to third-countries IP rights, trade secrets or material or information protected by IP rights or trade secrets, related to the above-mentioned common high priority items, to include contractual provisions to ensure that this know-how will not be supplied to or used in Russia. This requirement will come into force on 26 December 2024 in the EU.

• The anti-circumvention wording has been extended. Now, it specifically states that the participation of any “activities without deliberately seeking that object or effect but being aware that the participation may have that object or effect [of circumvention] and accepting that possibility” will constitute circumvention activities under Article 12 of Regulation 833/2014. The same amendment has been made to Regulation 269/2014.

Finance

The EU has introduced a prohibition on the use of the 'System for Transfer of Financial Messages' (SPFS) by EU entities operating outside of Russia. SPFS is a specialised financial messaging service developed by the Central Bank of Russia to neutralise the effect of restrictive measures. The prohibition also applies to equivalent specialised financial messaging services. Additionally, EU operators will not be allowed to make transactions with specifically listed entities that are known to be using SPFS outside of Russia.

Funding of political parties and other organisations

To avoid Russian interference in democratic processes in the EU, political parties and foundations, non-governmental organisations, including think tanks, and media service providers in the EU will no longer be allowed to accept funding coming from the Russian state and its proxies.

Transports

The EU flight ban and the prohibition on the transport of goods by road have been extended. The flight ban will also apply to any aircraft which is used for a non-scheduled flight, in which a Russian natural or legal person is effectively in position to determine the flight time and route of.

Road transport undertakings which transport goods by road within the territory of the EU are prohibited if owned 25 % or more by a Russian natural or legal person, entity or body. As for many prohibitions that are directed against natural persons of Russian nationality, the usual exception for persons that are nationals of a Member State, or who have a temporary or permanent residence permit in a Member State, applies.

In addition, for the first time, the EU has adopted measures targeting specific vessels contributing to Russia's warfare against Ukraine. These vessels are now banned from entry into the EU, and there are also bans on the provision of services to these vessels, including bunkering, financing, crewing, ship-to-ship transfers and tug services. The list currently includes 27 vessels. The usual exception for emergencies applies.

Restrictions in import and export

The package introduces further restrictions on import and export, including the following measures:

• The list of entities directly supporting Russia's military and industrial complex in its war of aggression against Ukraine has been updated to include 61 new entities. This means that it is prohibited to effect any sale of dual-use goods and advanced technology items where any of these entities are the end-user. The list includes both Russian and third-country entities in e.g. China, Kazakhstan, Kyrgyzstan, Turkey, and the United Arab Emirates.
• The list of restricted items that could contribute to the technological enhancement of Russia’s defence and security sector has been expanded by adding certain machine tools and certain “All Terrain Vehicles”. These are therefore subject to an export restriction.
• The list of goods that contribute in particular to the enhancement of Russian industrial capabilities, and therefore are subject to export restrictions, have been expanded. For example, this list now includes some additional chemicals, compounds of rare-earths, plastics, excavating machinery and monitors. These are therefore subject to an export restriction.
• Further restrictions on the import of helium from Russia has been introduced.

Iceland and Liechtenstein have been added to a list of partner countries which apply a similar set of restrictive measures that are substantially equivalent to those of the EU. This means that Iceland and Liechtenstein will not be considered third-countries for the purpose of many provisions in the sanctions legislation, which will ease requirements for exports to Liechtenstein.

Protection of EU operators

The package also includes new measures to protect EU operators, including:

• New provisions are introduced to allow EU operators to claim compensation in Member States' courts for damages caused by Russian companies due to the Russian legal framework of implementation of sanctions, and the Russian law which allows for expropriation of property owned by entities in "unfriendly states". Compensation can only be claimed if the company concerned does not have effective access to remedies, for example under the relevant bilateral investment treaty.

• An instrument has been introduced, which will enable the EU to draw up a list of entities which will be subject to a transaction ban as a result of their meddling with arbitration and court competence pursuant to Russian law. This law has enabled entities to claim Russian courts' exclusive competence to obtain judgments in Russia to the detriment of EU entities.

Intellectual property rights

The package imposes restrictions on accepting applications for registration of certain intellectual property rights by Russian nationals and companies in the EU. The aim of this measure is to counteract Russia's practice of illegitimately depriving EU intellectual property right holders of their protection in Russia.

New parties subject to asset freeze

The EU has added 116 new entities and individuals to the asset freeze list. Listings to note from the transport sector include Sovcomflot, which is Russia's largest shipping company, and the Volga Dnepr Group, which is a leading Russian air carrier holding company.