{"id":10883,"date":"2023-10-16T10:54:46","date_gmt":"2023-10-16T10:54:46","guid":{"rendered":"https:\/\/ftc-support.com\/?page_id=10883"},"modified":"2023-10-16T10:55:51","modified_gmt":"2023-10-16T10:55:51","slug":"beratung-russland-sanktionen","status":"publish","type":"page","link":"https:\/\/ftc-support.com\/en\/beratung-russland-sanktionen\/","title":{"rendered":"Consulting – The Russia Sanctions"},"content":{"rendered":"

Trade Compliance Consulting<\/h3><\/div>

The Russia Sanctions:
\nPitfalls, risks and opportunities<\/p>\n

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Structure, organisation and practical examinations<\/h3><\/div>

The Russia sanctions, which have been in place since 2014, have been tightened since February 2022 with several sanctions pacts (the 6th package is currently in force) on the basis of geopolitical and military developments on the part of the EU for imports and exports, services and payment transactions.<\/p>\n

Intra-European and national transactions may also be affected, e.g. in the case of traders and chain transactions.<\/p>\n

In addition, the sanctions against Belarus have been extended and the monitoring focus on other countries of the Eurasian Economic Union has been intensified.<\/p>\n<\/div><\/div><\/div>

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The EU reacts with the sanctions in agreement with other countries (USA, GB etc.), so that foreign trade companies in global competition not only have to observe the EU sanctions, but also partly understand and implement the sanctions of other countries (e.g. USA).<\/p>\n

This is further exacerbated by increased “circumvention attempts” by sanctioned countries to obtain the goods they need.<\/p>\n

The experience of the last few months revealed considerable uncertainties and unrecognised risks among companies.<\/p>\n

Numerous violations and criminal investigations are already pending in customs administrations and public prosecutors’ offices, causing immense economic and, in some cases, personal problems.<\/p>\n

We would like to dispel the uncertainties and provide you with preventive, systematic inspection guidance for your Russia\/Belarus business.<\/p>\n<\/div>

<\/i><\/i><\/span>New due diligence obligations<\/span><\/a><\/h2><\/div>
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Due diligence obligations for companies in the context of the Russia sanctions:<\/strong><\/p><\/blockquote>\n

Under the Russia sanctions, companies are required to conduct certain due diligence to ensure compliance with the sanctions. These due diligence obligations apply to all companies, regardless of size or industry, that have business relations with Russia and\/or import certain Chapter 72 and 73 goods from third countries that contain Russian inputs of these chapters.<\/p>\n

The following duties of care are required:<\/strong><\/p><\/blockquote>\n

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  • Identify and assess the risks: Companies must identify and assess the risks to sanctions compliance in their business relations with Russia. To do this, they must answer the following questions:\n
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    • Is it a company or person affected by the sanctions?<\/li>\n
    • Are goods or services affected by the sanctions being provided?<\/li>\n
    • Is the supply or service provided to a country affected by the sanctions?<\/li>\n<\/ul>\n<\/li>\n
    • Risk minimisation measures: Companies must take measures to minimise the identified risks. To do this, they can take the following measures:\n
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      • Refrain from doing business with companies or persons affected by the sanctions.<\/li>\n
      • Checking the supply chain to ensure that no goods or services are sourced from Russia and that no share goods of Russian origin (certain goods of chapters 72 and 73) are included.<\/li>\n
      • Use of alternative suppliers or service providers.<\/li>\n<\/ul>\n<\/li>\n
      • Reporting: Companies must report on their implementation of due diligence. This reporting can take the form of a report, a statement or any other form.<\/li>\n<\/ul>\n

        Sanctions for violations:<\/strong><\/p><\/blockquote>\n

        Companies that violate due diligence requirements can be fined or otherwise sanctioned. Fines can be up to \u20ac10 million or 5% of the company’s annual global turnover.<\/p>\n

        Conclusion:<\/strong><\/p><\/blockquote>\n

        The due diligence obligations for companies under the Russia sanctions are an important step in ensuring compliance with the sanctions. Companies that do not comply with the due diligence obligations risk fines or other sanctions.<\/p>\n

        Concrete examples of due diligence measures:<\/strong><\/p><\/blockquote>\n

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        • Companies importing goods from Russia should verify the origin of the goods.<\/li>\n
        • Companies importing goods of Chapters 72 and 73 from third countries should request certificates of origin\/manufacture from manufacturers\/suppliers to ensure they are not indirectly sourcing listed Russian components.<\/li>\n
        • Companies working with Russian companies should verify the ownership of the companies.<\/li>\n
        • Companies operating in Russia should monitor their employees’ compliance with sanctions.<\/li>\n<\/ul>\n

          Companies that are not sure how to comply with the due diligence requirements can confidentially turn to our experts.<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>

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            Contact FTC GmbH<\/h4><\/div>
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