As part of another package of measures against Russia’s aggression, the EC changes the recommendation on due diligence in relation to the re-export of selected goods to Russia to a legal requirement enshrined in Article 12g of NK 833/2014.
This fact practically means that in case of export of the goods listed in:
• Annexes XI, XX and XXXV of Regulation 833/2014,
• items with common high priority listed in Annex XL of Regulation 833/2014 a
• ammunition listed in Annex I of Regulation (EU) No. 258/2012
(for a list, see the above-mentioned legislation and, alternatively, see the appendix to this communication), this cannot be exported to third countries (except for friendly countries according to Appendix XXXVI NK 833/2014 – as of 21.3.2024 Switzerland, Norway, Great Britain) without prior to its export an agreement was concluded with the recipient of the goods that the recipient of the goods (importer to a third country) may not export the goods in question to Russia or Belarus.
The contract itself or its amendment must then contain reasonably strong corrective measures such as termination of the contract or payment of a fine.
See a separate attachment for a draft of the recommended amendment.
In the case of contracts concluded before 19/12/2023, companies must incorporate the ban on re-export to Russia into the contracts by 19/12/2024 at the latest
In other cases, contracts must contain a clause prohibiting re-export to Russia from 20.3.2024.
