An Official Journal entry is addressed to "economic operators, importers and exporters". These should "take reasonable steps to carry out their due diligence in order to prevent circumvention of the measures". The appeal comes against the backdrop of the extensive restrictive measures against the Russian Federation and the Republic of Belarus.
Among the due diligence measures the EU is encouraging exporters and importers to take is the inclusion of provisions in import and export contracts. The provisions aim to ensure that imported or exported goods do not fall under the restrictions. This can be done, for example, by a declaration that compliance with such a provision is an essential element of the contract. An alternative is contractual clauses obliging the importer in a third country not to re-export the goods in question to either Russia or Belarus, nor to resell the goods in question to a third party business partner. This applies to a business partner who has not undertaken not to export the goods in question either to Russia or to Belarus. The latter may be held liable if it re-exports the goods there.
Economic operators should take into account that EU customs authorities may tighten their controls in order to prevent circumvention of these rules and may also require conclusive evidence that the goods in question are neither imported from nor exported to Russia and Belarus via third countries.
The full Notice to economic operators, importers and exporters can be found in the Official Journal of the European Union.
Link:
Notice to economic operators, importers and exporters (2022/C 145 I/01)
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