The EU has updated its FAQs relating to Russian sanctions to include guidance on the new trade sanctions banning the import or purchase, whether directly or indirectly, of certain iron and steel products which undergo processing in third countries and incorporate iron or steel inputs originating in Russia.
The EU restrictions, which became effective on 30 September for certain commodity codes, place an obligation on importers to provide evidence of the country of origin for the iron and steel inputs used in the processing of products in third countries.
Sanctions expert Rachel Trease of Pinsent Masons said: “The updated EU guidance makes clear that the restrictions are to be interpreted strictly and that the prohibition extends to goods which are imported only temporarily for the purpose of repair and then re-exported to the third country after repair. This supports the objective of the sanctions regime to weaken Russia’s war efforts.”
The updated guidance makes clear that the prohibition does not apply to goods that were already released for free circulation within the EU market before the restrictions came into effect. Goods falling within the scope of the restrictions already physically in the EU before 30 September, but not yet released for free circulation, can be released by customs authorities provided they were presented to the relevant customs body prior to that date. Trease added: “Customs authorities, however, will not release the goods if they have reasonable grounds to suspect circumvention of the Russian sanctions restrictions”
The guidance emphasises that compliance with the restrictive measures needs to be ensured for each import into the EU even if the goods were imported in several batches. If the import involves several consignments of identical goods, the guidance says national competent authorities can consider and accept the provision of one piece of evidence when products supplied by the same supplier during a period of time are similar or when the same batch of products is imported in various transports for logistic or other legitimate reasons. Sanctions expert Stacy Keen of Pinsent Masons said: “The competent authorities will only accept the provision of one evidence where they have no reason to suspect possible circumvention”.
The prohibition applies to goods declared in the customs declaration and not to reusable iron and steel containers, unless the containers are themselves the object of the import.
Verfasst von
Aktuelle Neuigkeiten
Editor's Pick
Out-Law News
21 Sep 2023
