EU UPDATE: More EU Sanctions - Russia

The next round of sanctions have been adopted and we are now waiting for their publication. The suggestions are that more individuals, companies active in dual use products and companies in the financial services sector will be affected. This then would mark a further development of the SMART sanctions adopted at the end of July.

As we cannot yet see the new measures it is worth just noting the three key issues that should be taken into account when we finally do review the text:

  • Firstly of course the precise scope of the limitations imposed on EU entities. This may be complicated by two factors: firstly SMART sanctions are not always as precise and clear cut as to their meaning, secondly their meaning may be interpreted in slight different (but significant) ways across the Member States.  Watch out in particular for those Member States who adopt national measures to give effect to the EU sanctions.

  • Secondly, the provisions of SMART sanctions are not always self-contained but refer in fact to interpretations set out in other EU measures.  In particular there are important links between sanctions measures and the EU Dual Use Regulation and through this to the concept of Military Goods.

  • Finally,  when we come to assess risk we must always focus on those parts of the sanctions which are absolute provisions of EU law and those which provide discretion to national authorities.  Which provides the useful reminder that in any event enforcement (as opposed to contesting the validity) of sanctions is a matter of national law, national procedure and ultimately national policy.


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