On 24 June 2024, the 14th set of restrictive measures against the Russian Federation was adopted. Briefly on the essentials in the 14th sanctions package.
Energy-related measures:
- The package prohibits reloading services, including ancillary services, in the European Union for transhipment operations where such services are used for the transhipment of liquefied natural gas (LNG) originating in the Russian Federation or exported from the Russian Federation, except when such transhipment takes place to Member States;
- Prohibition of new investment and the supply of goods, technology, and services to complete LNG projects such as Arctic LNG 2 and Murmansk LNG.
Anti-circumvention measures:
- European Union parent companies must make every effort to ensure that their subsidiaries in third countries do not participate in sanctions evasion;
- EU natural and legal persons selling sensitive goods and technologies as listed in Regulation (EU) No 833/2014 to third countries must have in place risk-appropriate control mechanisms capable of identifying and mitigating possible re-exports of goods to the Russian Federation;
- European Union natural and legal persons are required to contractually prohibit their counterparties in third countries from using or allowing the use of information protected by intellectual property rights or as trade secrets and transferred to them in connection with common high priority items to be sold, supplied, or exported to the Russian Federation or for use in the Russian Federation.
Financial measures:
- European Union legal persons operating outside the Russian Federation are prohibited from connecting directly to the SPFS (the Russian Federation’s equivalent of SWIFT) or equivalent specialised financial messaging systems established by the Central Bank of Russia;
- European Union legal persons are prohibited from conducting business with respect to certain listed entities that use the SPFS outside the Russian Federation. The abovementioned measures do not apply to legal persons established and operating in the Russian Federation, including subsidiaries of European Union legal persons;
- Political parties, foundations, associations, non-governmental organisations, including think tanks, and media service providers in the European Union are prohibited from accepting, directly or indirectly, funding, donations, or any other economic benefit or support from the Russian Federation.
Logistics/transport measures:
- Banned access to ports and locks of European Union Member States, as well as a ban on provision of a wide range of maritime transport services for specific vessels contributing to Russia’s warfare against Ukraine (targeting the shadow fleet);
- Additional restrictions are introduced on scheduled and non-scheduled flights where Russian Federation persons may determine the place or time of take-off or landing (including holidays and business meetings);
- Broadened prohibition on the transport of goods by road within the territory of the European Union, including in transit, so as to cover European Union companies which are owned 25% or more by a natural or legal person of the Russian Federation.
Import/export measures:
- Imposed export restrictions on an additional 61 items supporting the military and industrial complex of the Russian Federation in its war of aggression against Ukraine, located in various countries including China, Kazakhstan, Kyrgyzstan, Turkey, and the United Arab Emirates;
- Additional restrictions are imposed on the export of goods that could contribute in particular to the enhancement of the Russian Federation’s industrial capabilities, e.g. chemicals, including manganese ores and compounds of rare-earths, as well as plastics, excavating machinery, monitors, and electrical equipment. In addition, five common high priority items were added to the export restrictions;
- Further restrictions are imposed on the import of helium, which is a source of significant revenues for the Russian Federation, allowing it to continue its war of aggression against Ukraine;
- Prohibition to acquire, import, transfer, or export Ukrainian cultural objects and other goods of archaeological, historical, cultural, rare scientific, or religious importance where there are reasonable grounds to suspect that the goods have been illegally removed from Ukraine. A ban on the provision of related services has been introduced in addition.
Measures protecting intellectual property rights:
- Restrictions on accepting applications for the registration of certain intellectual property rights in the European Union submitted by natural and legal persons of the Russian Federation.
Amendments regarding diamonds:
- It is clarified that the ban does not encompass diamonds that were physically located either within the European Union or in a third country, or were polished or manufactured in such third country, before the entry into force of the Russian Federation diamond ban;
- Temporary import or export of jewellery for auctions and repairs is allowed;
- The transitional period after which traceability scheme for diamonds will become mandatory is extended by 6 months (until 1 March 2025);
- It is stipulated that the indirect import ban on Russian Federation diamonds processed in third countries other than the Russian Federation temporarily will not apply to jewellery containing such diamonds until otherwise decided by the Council, taking into account the action taken within the G7 to implement the abovementioned measure.
The latest sanctions impose restrictive measures against additional 116 natural and legal persons responsible for acts that undermine or threaten the territorial integrity, sovereignty, and independence of Ukraine. The listed persons are subject to an asset freeze and are prohibited from making funds available to citizens and companies of the European Union.
Furthermore, natural and legal persons of the European Union Member States are allowed to receive compensation from natural and legal persons of the Russian Federation for damage caused to them.
It is also prohibited to carry out transactions with persons listed in Annex XLIII to Regulation (EU) No 833/2014 who apply the Arbitration Procedural Code of the Russian Federation in order to settle claims under foreign jurisdiction.
Publications in the Official Journal of the EU:
- https://eur-lex.europa.eu/legal-content/LV/TXT/HTML/?uri=OJ:L_202401745 (amendments to Regulation (EU) No 833/2014);
- https://eur-lex.europa.eu/legal-content/LV/TXT/HTML/?uri=OJ:L_202401739 (amendments to Regulation (EU) No 269/2014).