ITIC circular: EU impose further sanctions on Russia

The following circular has been produced by the UK P&I Club in regards to the latest sanctions imposed by the EU on Russia:

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On 15 March 2022 the EU adopted a fourth package of sanctions in response to Russia’s military aggression against Ukraine.  

The EU has designated 15 individuals including Russian oligarchs and 9 entities operating in the Russian aviation, military, shipbuilding and machine building sectors, to the EU sanctions list (Council Implementing Regulation (EU) 2022/427).  The designated entities include: Rosneft Aero; JSC Rosoboronexport; JSC NPO High Precision Systems; JSC Kurganmashzavod; JSC Russian Helicopters; PJSC United Aircraft Corporation; JSC United Shipbuilding Corporation; JSC Research and Production Corporation Uralvagonzavod, and JSC Zelenodolsk Shipyard (A. M. Gorky Zelenodolsk Plant).

Members should be aware that where an individual is listed, an ownership and control analysis should be undertaken to establish any impact on a linked company with which they are transacting.  The Commission Opinion of 8th June 2021 is helpful in identifying the factors to take into account and the approach to be taken.

The other measures (Council Regulation (EU) 2022/428 amending EU Regulation no. 833/2014) include:  

• Prohibition on the sale, supply, transfer or export of equipment or technology (whether or not originating in the EU) which is listed in Annex II to a person or entity in Russia or for use in Russia.  Annex II includes certain goods and technology suited to certain categories of exploration and production projects. It is also prohibited to provide technical assistance or financial assistance (which is defined to include insurance or reinsurance) in respect of these activities. However, this ban does not apply to the transport of fossil fuels, in particular coal, oil and natural gas from or through Russia into the EU. There is an exemption until 17 September 2022 for the performance of contracts concluded before 16 March 2022 provided that the competent authority of the EU member state has been given five working days prior notice.  
• Ban on new investments in the Russian energy sector, which includes creating any new joint venture with an entity incorporated or constituted under Russian law or any other third country.
• Ban on the import or transport of iron and steel products listed in Annex XVII into the EU if they originate in Russia or have been exported from Russia, and where such products are exported from Russia a ban on their transport to any other country. These bans include a ban on providing insurance or reinsurance.
• Members based outside the EU who can legally transport the listed iron and steel products to other countries should therefore note that their insurer will be unable to provide cover if the insurer itself is based in the EU. Even Members insured outside the EU should be aware that in the event of a very large claim there could be shortfalls in recovery from the IG Pool or IG reinsurance arrangements, which would be passed back to the Member under all Clubs’ sanctions rules.    
• The above prohibitions do not apply until 17 June 2022 to the performance of contracts concluded before 16 March 2022.
• Prohibition on transactions with certain state-owned Russian companies listed in Annex XIX. These companies include SOVCOMFLOT. There is an exemption until 15 May 2022 for performance of contracts concluded before 16 March 2022. This ban does not apply to:
• - transactions which are strictly necessary for the purchase, import or transport of fossil fuels, in particular, coal, oil and natural gas, as well as titanium, aluminium, copper, nickel, palladium and iron ore from or through Russia into the EU; or to  
• - transactions related to energy projects outside Russia in which the companies listed in Annex XIX is a minority shareholder.
• Further advice is being sought as to what “strictly necessary” means in the context of the above exception.
• Prohibition from 15 April 2022 on the provision of credit rating services or providing access to any subscription services in relation to credit rating activities to Russian clients.
• Prohibition on the sale, supply, transfer or export directly or indirectly of luxury goods as listed in Annex XVIII from the EU to Russia.

Members should note that some of the above provisions include prohibitions against the provision of insurance and reinsurance for the listed activities. As a consequence, even if a Member is not directly impacted by the Regulation (because, for example, they are domiciled outside the EU), the [UK P&I Club] may not be able to provide cover for engaging in these activities. Members are strongly encouraged to contact the [UK P&I Club] accordingly before engaging in any of these trades.

Members are also reminded that EU sanctions apply in the following circumstances: within the territory of the Union, including its airspace; on board any aircraft or any vessel under the jurisdiction of a Member State; to any person inside or outside the territory of the Union who is a national of a Member State; to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State; to any legal person, entity or body in respect of any business done in whole or in part within the Union.
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If ITIC members become aware, or have concerns, that their clients and/or parties in a transaction have become a sanctioned entity, or are concerned as to whether the sanction regimes apply to any of their transactions, they should contact specialist sanctions lawyers as soon as possible. There is a dedicated Russia-Ukraine conflict page on the ITIC website, where you can find further circulars and podcasts on the topic.