On October 7, 2022, the Council of the EU updated Frequently Asked Questions (FAQs) 2 and 4 regarding the import, purchase or transfer of listed goods covered in Articles 3g, 3i, and 3j of Council Regulation 833/2014, concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine.
According to FAQ 2, Articles 3g, 3i and 3j prohibit the purchase, import or transfer of certain listed goods that originate in Russia or are exported from Russia, irrespective of the final destination of the goods, in order to achieve the intended purpose of the sanctions which is to weaken Russia’s economy and curtail its ability to wage war. However, in an effort “to combat food and energy insecurity around the world” and “in order to avoid potential negative consequences thereof” in third countries as clearly stated in recitals 11 and 12 of Council Regulation 2022/1269, the transfer of food and energy goods listed in Annexes XVII, XXI and XXII, including fuel wood, charcoal, wheat, and fertilizers, to third countries should be allowed. However, such transfers should only be permitted from point to point without transiting via the EU territory.
In FAQ 4, the Council indicates that EU operators are prohibited from providing insurance or brokering services or financial assistance for the transfer of goods and products listed in Annexes XVII, XXI or XXII to third countries, regardless of whether the transfer of the goods is performed by an EU or non-EU operator. However, in accordance with recitals 11 and 12 of Council Regulation 2022/1269, the transfer of food and energy goods listed in Annex XXI and XXII, including the financing or financial assistance related to such transfers, to third countries should be allowed.