On 25 February 2022, the European Union (EU) published Regulation (EU) 2022/328 amending Regulation (EU) 833/2014 regarding restrictive measures in light of “Russia’s actions destabilising the situation in Ukraine.” As per article 2.1 of Regulation (EU) 2022/328, it is “prohibited to sell, supply, transfer or export, directly or indirectly, dual-use goods and technology . . . to any natural or legal person, entity or body in Russia, or for use in Russia.”
Some exceptions are established in article 2.3 of the Regulation (EU) 2022/ 328 if the goods are not for military use or for a non- military use and they are intended for:
- “[H]umanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment or as a response to natural disasters”;
- “[M]edical or pharmaceutical purposes’;
- “[T]emporary export of items or use by news media”;
- “[S]oftware updates”; or
- “[U]se as consumer communication devices[.]”
The “exporter shall declare in the customs declaration that the items are being exported under the relevant exception.”
The exporter also must “notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from the date when the first export took place.”
Link to the Regulation (EU) 2022/328 can be found here: EUR-Lex - 32022R0328 - EN - EUR-Lex (europa.eu)
Link to the FAQs can be found here: https://trade.ec.europa.eu/doclib/docs/2022/march/tradoc_160081.pdf
