EU Sanctions: "No Re-export to Russia" Clause

As of Wednesday, 20 March 2024, EU exporters must include a "no re-export to Russia" clause in their export / sale / supply / transfer contracts (Article 12g of the Council Regulation 833/2014) of certain sensitive goods.

The obligation to include the "no re-export to Russia" clause in these contracts applies to the following categories of goods:

(i) goods related to aviation and jet fuel (Annexes XI and XX to the Regulation);

(ii) firearms (Annex XXXV to the Regulation); and

(iii) goods included in the list of Common High Priority Items (Annex XL to the Regulation).

    Deadlines:

• for contracts concluded as of 19 December 2023 – they must contain the "no re-export to Russia" clause as of 20 March 2024; and
• for contracts concluded before 19 December 2023 – they must contain the "no re-export to Russia" clause as of 20 December 2024 if their execution falls after that cutoff date.

The European Commission indicated in its FAQ that the EU exporters should not sell their products to any non-EU operators that are not ready to incorporate the "no re-export to Russia" clause.