‘No re-export to Russia’ clause becomes mandatory for EU operators

EU-based exporters are required to prohibit in their contracts re-exportation to Russia of goods covered by specific Annexes to Council Regulation No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.

Article 12g of Council Regulation No 833/2014(Link to another website.) will affect the export of dual-use goods. It aims to prevent the circumvention of EU export bans and, more specifically, cases where goods exported to third countries are re-exported to Russia.

The provision requires that exporters insert a ‘no re-export to Russia’ clause in contracts for the export of goods to operators based in non-EU countries, with the exception of certain partner countries. The partner countries are listed in Annex VIII to the Regulation.

As of 20 March 2024, the clause must be included in contracts concluded on or after 19 December 2023.