7 September, 2022
During the second quarter of 2022, the United States (“US”) expanded upon the trade actions it took against the Russian Federation (“Russia”) during the first quarter of 2022 in response to Russia’s continued aggressions towards Ukraine as well as Belarus’s continued support of Russia’s aggressions.
This second alert follows our first alert on this topic, dated 25 March 2022 (available here), and is intended to summarize some of the more significant actions taken by the US during the second quarter of 2022 that are impacting global trade with Russia and Belarus. It is not intended to be exhaustive and excludes the actions taken by other nations.
Additonal alerts may be issued as events evolve.
On 6 April 2022, President Biden issued an Executive Order (“EO”) that prohibited new investment in, trade with, and the provision of certain services to Russia from US persons in response to Russia’s continued aggressions toward Ukraine. “Certain [prohibited] services” are to be determined by the Secretary of the Treasury, in consultation with the Secretary of State, in furtherance of Section 5 of EO 14066 and Section 5 of 14068.
On 27 June 2022, the Biden Administration also announced that more than 570 groups of Russian products will be subject to a 35% tariff beginning immediately. The tariffs are listed under Harmonized Tariff Schedule of the US (“HTSUS”) subheading 9903.90.08 and apply to the HTSUS subheadings listed in note 30(b) to subchapter III of chapter 99. The affected products include, among others: certain types of salts; certain articles of iron, steel, copper, nickel, lead, aluminium and minerals; metals; chemicals; soaps; glues; certain plastic, rubber and leather articles; textile articles; stone and cement articles; ceramic products; tools; turbines and engines; electric machinery and equipment; arms and ammunition; wood and paper products; mattresses; aircraft and parts; lenses and cameras; yachts; motor vehicles and parts; and works of art and antiques.
On 6 April 2022, the US Department of the Treasury’s OFAC “took [additional] major steps to degrade the economy Russia Federation in response to Russia’s continued brutal war against Ukraine and atrocities against Ukrainian citizens,” pursuant to the Directives of EO 14024. Specifically, OFAC:
On 7 April 2022, pursuant to EO 14024, OFAC designated Alrosa, a Russian state-owned enterprise and redesignated United Shipbuilding Corporation on the sanctions list. US persons and any persons within the US are consequently prohibited from transacting with the two named entities and other entities that are directly or indirectly owned by Alrosa or United Shipbuilding Corporation. US has also blocked all the property of the two entities that are in the US or in possession of US persons.
On 8 May 2022, OFAC imposed sanctions on accounting, trust and corporate formation services, and management consulting sectors of Russia economy pursuant to Section 1(a) of EO 14024. OFAC also prohibited the exportation, reexportation, sale, or supply, directly or indirectly, from the US, or by a US person to the abovementioned sectors located in Russia. Also, effective from 8 May 2022, OFAC authorized certain transactions that are otherwise banned by the Russian Harmful Foreign Activities Sanctions Regulations via the following four general licenses:
On 2 June 2022, OFAC added eight persons (including God Nisanov, Evgeny Novitsky, Maria Zakharova, Sergey Gorkov, and Alexey Mordashov and three family members – Marina, Nikita and Kirill Mordashov) and four entities (Severstal, Algoritm, Severgroup, and Nord Gold) that are connected to Alexey Mordashov, on the SND list pursuant to EO 14024 and thereby blocking any property or interests in property of the identified persons and entities.
On 6 June 2022, OFAC issued clarifications on the new investment prohibitions of EO 14066, EO 14068, and EO 14071 that prohibit the purchase of both new and existing debt and equity securities issued by a Russian Federation entity. OFAC clarified that US persons may continue to hold certain securities that were acquired on or after the effective date of the respective EO prohibitions. US persons may also hold shares in US funds that contain debt or equity securities issued by entities in Russia so long as Russia entity holdings represent less than a predominant share by value of debt or equity.
On 15 June 2022, OFAC designated two persons, Stanislav Shevchuk and Alexander Zhuchkovsky, as supporters of the Russian Imperial Movement, thereby blocking all property and interests in property of the individuals named.
On 7 April 2022, the BIS expanded the highly restrictive license requirements for Export Control Classification Numbers (“ECCNs”) in Categories 0 through 2 of items on the Commerce Control List (“CCL”) to Russia and Belarus based on a new license requirement that was added earlier this year for all ECCNs in Categories 3 through 9 of the CCL, 58 of which were not previously controlled to Russia. These actions effectively require that all the items covered on the CCL need to meet with the highly restrictive license requirements for exports to Russia and Belarus. The items that would be affected by this action include certain composite materials, medical products containing certain toxins or genetically modified organisms, hydraulic fluids, pumps, valves, and lower-level machine tools.
Between 8 April 2022 and 24 June 2022, the BIS imposed restrictions on fourteen Russian aircraft entities (Roman Abramovich, Aeroflot, AirBridgeCargo, Aviastar-TU, Alrosa, Azur Air¸ Nordstar, Nordwind, Pegas Fly, Pobeda, Rossiya, Royal Flight, S7 Airlines, and Utair) and one Belarus aircraft entity (Belavia) pursuant to a finding that they were in apparent violation of the Export Administration Regulations (“EAR”). Without prior BIS authorisation, any person providing any forms of services to the identified aircrafts would be subject to BIS enforcement actions such as jail time, fines or loss of export privileges.
On 11 May 2022, the BIS issued a final rule that further expanded existing sanctions against Russian industry sectors by imposing a license requirement for exports, reexports, or in-country transfers to and within Russia for additional items subject to the EAR identified under specific Schedule B numbers or HTSUS codes. This final rule amended part 746 of the EAR to further expand the scope of the Russian industry sector sanctions by adding an additional 205 HTSUS codes at the 6-digit level and 478 corresponding 10-digit Schedule B numbers to Supplement No. 4 to part 746 of the EAR. This imposed a license requirement for all exports, reexports, and in-country transfers to or within Russia for the items in scope. Items that were already in transit on 9 May 2022 that would now require a license were allowed to proceed under the previous eligibility. Additionally, the final rule revised the license review policy under § 746.5(b)(2) to specify that applications involving items that meet humanitarian needs will be reviewed on a case-by-case license-review policy. This humanitarian case-by-case review will focus on whether the items could generate revenue to support Russia’s military capabilities. Finally, this final rule also revised Supplement No. 4 to part 746 of the EAR by re-organizing the list of items subject to a license requirement under § 746.5(a)(1)(ii) to make it easier for exporters to determine whether a particular item is described in the Supplement—specifically by:
On 2 June 2022, the BIS extended the license requirements for Russian and Belarusian military end uses and military end users to include food and medicine designated as EAR99. These revisions will affect items that are destined only for certain regions in Ukraine and will now be subject to a case-by-case review. Further, BIS modified certain EAR provisions related to exports of luxury goods destined for Russia and Belarus and items for use in Russia’s oil refinery sector. The BIS also added 71 entities located in Russia and Belarus to the Entity List.
On 16 June 2022, the BIS expanded sanctions against Belarusian state-owned airline, Belavia, thereby temporarily denying export privileges under the EAR for a period of 180 days.
Deloitte’s Global Trade Advisory specialists are part of a global network of professionals who can provide specialized assistance to companies in global trade matters. Our professionals can help companies seeking to manage the impacts and potential impacts of the developments described above.
|Global / Americas
Meng Yew Wong