As the EU implements its new import restrictions on Russian iron and steel, European companies are starting to ask U.S. exporters whether their products contain those Russian metals, said Scott Gearity, a consultant with the Export Compliance Training Institute. Gearity said most U.S. companies shouldn’t face any legal issues in making that certification, and Bailey Reichelt, a lawyer with Aegis Trade Law, stressed that companies don’t need to include an end-use statement as part of every benign contract, a practice that could scare potential customers that don’t deal in items subject to trade controls.
The U.S. this week announced a spate of new Russia-related sanctions and export controls, targeting people and companies supplying Russia’s military, aiding its defense industrial complex or operating in various Russian financial, metals, government and procurement sectors. The measures include additions to the Commerce Department’s Entity List and more than 200 combined sanctions by the Treasury and State departments targeting businesses in China, the United Arab Emirates and elsewhere for sending export-controlled components to Russia.
The U.K. corrected one entry under its Russia sanctions regime Oct. 31, removing an alias for Veniamin Ivanovich Kondratyev, governor of the Krasnodar territory.
The EU updated a frequently asked question under its Russia sanctions regime pertaining to the Central Bank of Russia. The question asked whether the payment to fulfill the "obligation to pay voluntary transaction" falls under the definition of "transactions related to the management of reserves as well as assets" under the bloc's sanctions regime. The EU said the Russian Governmental Commission sets the obligation to pay a voluntary transaction, or so-called "exit tax," which is not part of Russia's official tax legislation. Sanctions don't apply because payment is a "precondition for" allowing EU companies to divest from Russia and doesn't lead to "enabling the Russian Central Bank to manage its reserves or assets."
The Rotterdam District Court on Oct. 31 sentenced an unnamed Russian businessman to an 18-month prison term for violating the EU's Russia sanctions, according to an unofficial translation. The charges against the man include selling dual-use goods, including a "certain type of integrated circuit" and drones to Russian companies, along with selling, delivering, transferring and exporting nine other integrated circuit types to the same unnamed Russian companies.
A recent ruling by a U.K. appellate court “sent the sanctions legal community into a bit of a tailspin” after it appeared to pave the way for the government to treat every Russian public and private entity as a sanctioned party, said Daniel Martin, a sanctions lawyer with HFW. Although the U.K. has since clarified that its sanctions aren’t necessarily meant to apply to every Russian company, Martin said questions remain, including whether banks now will be even less willing to handle Russia-related transactions, whether U.K. lawyers will continue to be able to participate in Russian-related proceedings, and whether similar logic could apply to U.K. sanctions against other countries.
The U.S. this week unsealed two indictments charging multiple people in schemes to deliver export-controlled dual-use goods to Russia. In both cases, DOJ charged Russian nationals and others with using Brooklyn-based companies to buy goods on behalf of sanctioned end-users or others connected to Russia's military.
The Biden administration should warn Mexico that it will be hit with sanctions if the country continues to “circumvent U.S. policy” by selling oil to Cuba, Sen. Marco Rubio, R-Fla., said in a post on Medium last week. Rubio cited shipping data in a Reuters report that showed Mexico had surpassed Russia in providing oil to Cuba, although Mexico has said the oil is for humanitarian purposes.
The U.S., the U.K. and Canada issued new sanctions this week against Myanmar, targeting various entities and officials with ties to the country’s military regime and its purchase of weapons.
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