On December, 18 2023 the Council of the European Union adopted the twelfth package deal of sanctions towards Russia.
I. New registrations on the record of individuals and entities topic to sanctions: 140 new individuals and entities
Individuals and entities focused belong, specifically, to the next sectors:
- The Russian military and protection together with personal navy firms;
- Info expertise sector.
Is also overlaying:
- The individuals who orchestrated the latest unlawful “elections” within the Ukrainian territories;
- These liable for the pressured “re-education” of Ukrainian kids;
- Folks spreading disinformation/propaganda.
II. Commerce measures: new bans and restrictions on import/export
A. Ban on the importation of Russian diamonds
The beginning of this ban totally different relying on the character of the imported diamonds:
- By January 1, 2024 on the newest: non-industrial diamonds, mined, processed or produced, in Russia;
- From March 1, 2024: Russian diamonds polished in a 3rd nation;
- From September 1, 2024: laboratory diamonds, jewellery and watches containing diamonds.
To make sure the effectiveness of those measures, a traceability mechanism can be put in place. This mechanism will, for instance, impose a registration obligation.
B. Prohibition of imports of uncooked supplies supposed for the manufacturing of metal, processed aluminum merchandise and different metallic merchandise
Regarding metal uncooked supplies, the measures will apply in full after a transitional interval of 12 months for the execution of current contracts, or after a interval of two years throughout which a sure quantity of imports would nonetheless be approved with the intention to give firms of the EU the time essential to seek out different sources.
C. Restrictions on the export of dual-use items and superior technological and industrial items
These restrictions relate to:
- New export controls on numerous merchandise (chemical compounds, engines, spare elements, and so on.);
- New export bans on industrial merchandise from the EU (processed metal, batteries, and so on.);
- Addition of 29 Russian and third nation entities to the record of entities related to the Russian military-industrial complicated;
- Prohibition on offering enterprise and design software program to the Russian authorities or Russian firms.
It is going to be added at Article 5n of Regulation 833/2014.
III. Strengthening restrictions on freezing belongings
- New standards for inclusion on the record of individuals and entities topic to sanctions: the target is to forestall an individual from benefiting from losses suffered by EU firms when their subsidiaries are acquired by Russian homeowners/leaders;
- Authorization to take care of deceased individuals on the record of individuals and entities topic to freezing;
- Strengthened obligation of Member States on the traceability of the belongings of a listed particular person with the intention of combating circumvention.
IV. Measures within the area of power
- Tightening of the cap on oil costs, specifically by way of strengthened management of the sale of tankers to 3rd nations and request for extra detailed certificates.
- Ban on the import of liquefied petroleum gasoline (LPG), impacting annual imports price greater than €1 billion.
V. Strengthening anti-circumvention measures
- Increasing the scope of the ban on transit by way of Russia;
- “No Russia clause”: Obligation for operators to contractually prohibit re-export for sure delicate items and applied sciences akin to items within the area of aviation;
- Added a brand new measure that can make necessary “the notification of sure transfers of funds exterior the EU, originating from EU entities straight or not directly owned greater than 40% by Russians or entities established in Russia. “.
VI. Different measures: addition of sure exemptions
The target of those new exemptions is:
- To have in mind instances by which Member States resolve to deprive, within the public curiosity, an individual on the record of funds or financial sources;
- Permit the fee of compensation by an insurance coverage firm lately included on the record;
- Permit the sale of EU firms owned by sure listed people or entities.
The DS Avocats Customs and Worldwide Commerce staff is at your disposal to offer you any further info.
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