Consolidated FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 [Version of 7 February 2023]

The European Commission (EC) has published an updated consolidated version of its „FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014“ in the light of the ongoing conflict in Ukraine. The consolidated version includes FAQs concerning EU sanctions „adopted following Russia’s military aggression against Ukraine“.
THE UPDATE INCLUDES THE FOLLOWING CHANGES:
1. Section „TRADE AND CUSTOMS“, topic 1 „CUSTOMS-RELATED MATTERS“:
a) Modified Question: (page 94) Where can I find the list of the EU sanctions against the Russian Federation, the Republic of Belarus and non-government controlled areas of Ukraine?
A: Please refer to the EU sanctions map.
b) Modified Question: (page 95) Are there any specific instructions, guidance, and notices to importers?
A: The updated list of guidance, FAQs and notices are available here: Restrictive measures (sanctions) | European Commission (europa.eu).
c) Modified Question: (page 101) Can I import under the preferences of the EU-Ukraine Association Agreement from the regions of Donetsk and Luhansk?
A: For the most recent information on this topic, please see Question no. 2 in the “Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts” FAQ.
2. Section „TRADE AND CUSTOMS“, topic 9 „OBLATS“:
a) Modified Question: (page 204) Can banks process financial transactions in connection with trade done in the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts and, if so, under which conditions?
A: EU credit institutions are prohibited from providing, inter alia, brokering or investment services as well as financing or financial assistance in the non-government controlled areas of those oblasts in relation to certain goods and activities.
3. Section „AGRICULTURAL PRODUCTS“ , topic 2 „TRADE IN AGRICULTURAL AND RELATED PRODUCTS FROM UKRAINE (EN & FR VERSIONS)“:
a) Modified Question: (page 255) Do EU sanctions prohibit the import or transit of agricultural products from Ukraine, including non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts of Ukraine or Crimea/Sevastopol, into/through the Union?
A: No. EU sanctions do not restrict the purchase or import into the Union of agricultural products from Ukraine, except from non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts of Ukraine or from Crimea/Sevastopol (“Government controlled areas of Ukraine”). Transit via and export from the Union of those products to non-EU countries is also allowed.
b) Modified Question: (page 256) Can EU companies import agricultural goods from the non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts of Ukraine, or from Crimea and Sevastopol?
A: Yes. EU sanctions do not impose restrictions on procuring logistic or other ancillary services from the Ukrainian Government controlled areas of Ukraine.
4. Section „SECTOR SPECIFIC QUESTIONS“, topic 7 „HUMANITARIAN AID“:
a) Modified Question: (page 302) Are humanitarian activities exempted from the sanctions? Can for instance food,medicines and medical devices be provided on this basis?
A: EU sanctions are targeted. They are aimed at those responsible for the policies or actions the EU wants to influence. This targeting intends to reduce as much as possible any adverse humanitarian effects or unintended consequences for persons that are not targeted by these measures, in particular the civilian population, or neighbouring countries. Any action not explicitly prohibited under EU sanctions is permitted. Humanitarian operators can seek guidance from their national competent authority (NCA).