Tullverket

More effective sanktions against Russia with the "no Russia clause"

When you export goods to a non-EU country, you must prohibit the re-export of certain sensitive goods to Russia an Belarus in the customer contract. By using a Y-code, you as an exporter demonstrate that the requirement for contractual clause prohibiting re-export to Russia is fulfilled or that an exception to the requirement applies.

To prevent the circumvention of sanctions against Russia, the 12th EU sanctions package introduced an obligation for exporters to prohibit the re-export of certain sensitive goods to Russia. These include aviation goods, aviation fuel, firearms and goods on the List of Common High Priority Items.

The requirement means that a contractual clause must be included as part of the customer contract, prohibiting re-exports to Russia, a so-called ‘no Russia clause’. In addition, the clause should provide for appropriate remedies in case of breach of the contractual obligation.

See Article 12(g) of the Russia Regulation (EU) 833/2014 and Article 8(g) of the Belarus Regulation (EU) 765/2006. The anti-circumvention provisions are in principle the same for both the Russia and Belarus sanctions.

Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia´s actions destabilising the situation in Ukraine (select the consolidated version)

Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus (select the consolidated version)

Measures in Tulltaxan (TARIC)

There are Y-codes for the specific goods covered by the contract clause requirement, which the exporter must indicate at the time of declaration. By using a Y-code, you as an exporter show that the requirement for a contract clause prohibiting re-export to Russia is fulfilled or that an exception to the said requirement is applicable. See below.

Exceptions are made for partner countries, which at the time of writing are the United States, Japan, South Korea, Australia, Canada, New Zealand, Norway, Switzerland, Lichtenstein and Iceland.

Further exceptions are made for public contracts concluded with a public authority of a third country or with an international organisation.

Measure 780 Export control, Russia

  • Y227
    The contract prohibits re-exportation to Russia and re-exportation for use in Russia – Article 12g paragraph 1 of Regulation (EU) 833/2014
  • Y228
    The prohibitions defined in Article 12g.1 of Council Regulation (EU) No 833/2014 do not apply (see contractual exemptions in article 12g.2 b)
  • Y229
    Public contracts concluded with a public authority in a third country or with an international organisation - Article 12g paragraph 2a of Regulation (EU) 833/2014

Measure 781 Export control, Belarus

  • Y230
    Contract prohibits re-exportation to Belarus and re-exportation for use in Belarus - Article 8g paragraph 1 of Council Regulation (EC) No 765/2006
  • Y231
    The prohibitions defined in article 8g.1 of Council Regulation (EG) No 765/2006 do not apply (see contractual exemptions in article 8g.2).
  • Y232
    Public contracts concluded with a public authority in a third country or with an international organisation - Article 12g paragraph 2a of Council Regulation (EC) No 765/2006

Further tightened requirements to counter circumvention

As an additional anti-circumvention measure, Article 12gb has been introduced in the Russia Regulation and Article 8ga in the Belarus Regulation. Again, the aim is to prevent the re-export of sensitive products via third countries to Russia.

To mitigate the risks of diversion to Russia, EU-based operators are required to identify and assess the risks of exports to Russia, including the requirement to document risk assessments. EU-based operators must also ensure that subsidiaries established outside the EU fulfil the same requirements as the parent company.

These requirements apply from 26 December 2024 under the Russia Regulation and from 2 January 2025 under the Belarus Regulation.