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International Trade


Client Alert
7 March 2014 For further information please contact London Trade Group Ross Denton Partner Tel: +44 (0) 20 7919 1978 Sunny Mann Partner +44 (0) 20 7919 1397

EU, US and other countries impose sanctions in response to events in Ukraine
In light of the recent political crisis in Ukraine and the presence of Russian troops in the Ukrainian region of Crimea, a number of jurisdictions -- the EU, United States, Switzerland, Austria, Lichtenstein, and Canada -- have issued sanctions targeting key senior figures in the former Ukrainian Government and others involved in the unrest. The UK Department for Business, Innovation and Skills ("BIS") has also taken steps to restrict the supply of equipment that may be used for internal repression. A brief overview of these measures follows. As the situation on the ground develops, it is possible that additional sanctions could be imposed.

Sanctions Against Individuals and Entities
On 5 March 2014, the EU Foreign Affairs Council decided to adopt sanctions targeted at freezing and recovering misappropriated Ukrainian state funds. On this basis, Council Regulation (EU) No 208/2014 designated 18 individuals whose assets within the EU will be frozen and with whom further dealings are restricted. The designated individuals include the former president, Yanukovych, his family and people connected to him. These type of measures are generally aimed at punishing the political class that contributed to the violence in the Ukraine (akin to EU sanctions issued in 2011 against Egypt, Libya and Tunisia). It is possible that the EU may designate additional individuals and entities in due course. A consolidated list of all EU and UK designated persons is published by HM Treasury (but note that designations are subject to changes in light of new political developments). Yesterday, Canada enacted regulations prohibiting persons in Canada and Canadians outside Canada from dealing, directly or indirectly, in any property, wherever situated, of any of the 18 individuals named under the regulations (which are the same individuals as those sanctioned by the EU). The new regulations prohibit entering into or facilitating, directly or indirectly, any financial transaction related to such dealings, or providing financial services or other related services in respect of such property. Last month, Switzerland, Austria and Lichtenstein issued similar freezing orders. In February, the United States imposed a visa ban on 20 Ukrainian officials deemed to be complicit in the violence that month in Kiev. Yesterday, President Obama expanded the visa ban and also signed a Presidential Executive Order authorising the US Treasury Department to designate individuals and entities who, among other things, have been involved in efforts to undermine the security or territorial integrity of Ukraine or have asserted control over any part of Ukraine (including Crimea) without authorisation of the Government of Ukraine. Although this Executive Order lays the foundation for potential future sanctions, no specific individuals or entities have been designated yet under this new authority.

Jennifer Revis Of Counsel Tel: +44 (0) 20 7919 1381 Tristan Grimmer Senior Associate +44 (0) 20 7919 1476 James Robinson Senior Associate +44 (0) 20 7919 1631

Ben Smith Associate +44 (0) 20 7919 1088 Mayuko Roald Associate +44 (0) 20 7919 1080

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com Julia Pfeil Associate +49 (0) 69 29 908 513 julia. including by taking the following steps: • screen (and regularly re-screen) counterparties.rivington@bakermckenzie. the focus is now turning to Russia's military intervention in Frankfurt Trade Group Ulrich Ellinghaus Partner +49 (0) 69 29 908 251 Recommended Actions Given the current uncertainty regarding events in Ukraine. the United States is prepared to consider additional steps and sanctions as necessary”. BIS is also assessing which exports would provoke or prolong armed conflicts or aggravate existing tensions. it is difficult to speculate the form additional sanctions would Stockholm Trade Group Mattias Hedwall Partner +468 566 177 33 mattias.hedwall@bakermckenzie. Olof Konig Associate +46 8 566 177 55 Zurich Trade Group Philippe Reich Partner +41 44 384 1382 • • philippe. The EU has stated that if Russia does not negotiate with Ukraine.. exercise caution in the negotiation of contracts with parties that could be the target of any US and/or EU sanctions against Russia (including the State-owned financial and energy sectors). jasper.ellinghaus@bakermckenzie. were in-scope). Exporters will be notified by BIS directly if a licence is to be suspended.Baker & McKenzie Laura Philippou Associate +44 (0) 20 919 1042 EU/UK Suspension of Licenses On 20 February 2014.klaui@bakermckenzie. In light of the constantly changing facts on the ground. In this context. this has happened in the past in respect of sanctions against Libya (e. Companies should exercise diligence when conducting transactions involving Ukraine and Amsterdam Trade Group Jasper Helder Partner Tel: +31 20 551 7579 Potential for Additional Sanctions Press reports speculate that the US and EU may issue further sanctions if the situation in Ukraine does not improve. the EU Council announced that EU Member States agreed to suspend export licences on equipment which might be used for internal repression and reassess export licences in connection with military goods and Chiara Klaui Senior Associate +31 20 551 7812 chiara. The EU formally stated yesterday that it will suspend bilateral talks with Russia on visa matters and the participation of the EU institutions in the G8 Summit. US and other countries impose sanctions in response to events in Ukraine 7 March 2014 .com Alexandra Demper Associate +44 (0) 20 919 1075 alexandra. Indeed. laura. on 24 February. we note that the EU or national authorities could potentially take a wide interpretation of the type of equipment which might be used for internal repression. Barcelona Trade Group Valeria Enrich Partner +34 93 20 608 44 valeria. banks and other third parties potentially benefiting from the transaction to verify that they are not a designated person (and are not owned or controlled by a designated person). where protective equipment and simulators for training in the use of firearms.konig@bakermckenzie. it may adopt other measures at a later date. companies should closely monitor further developments in order to ensure compliance with the current measures. BIS issued a notice that it was reviewing extant licences to determine which are for equipment which might be used for internal repression and would therefore be subject to 2 EU. the US White House press secretary was quoted as stating: “Depending on how the situation develops. ulrich. Although the earliest sanctions were a reaction to the political violence in Kiev and generally targeted Ukrainian persons. We are closely monitoring this situation.pfeil@bakermckenzie.g.philippou@bakermckenzie.helder@bakermckenzie. This would include supplementary contractual language addressing sanctions risks and export control compliance. Indeed.enrich@bakermckenzie.demper Claire Rivington Associate +44 (0) 20 919 1785 claire. assess whether any products or technology being sold or supplied might be used for internal repression. for example.

Please do not hesitate to contact us if you have any questions about how these changes might affect your company or if you require advice on any specific transactions or Schoorl Associate +1 202 835 1647 joseph. edward.vanwagenberg @bakermckenzie. Test Associate +1 202 835 6131 Janet Sylwia A. Kim Partner +1 202 835 1653 Maria van Wagenberg Associate +1 202 835 6118 maria.lis@bakermckenzie. US and other countries impose sanctions in response to events in Ukraine 7 March 2014 .com Joseph 3 Jonathan Steven Alexandre Lamy Associate +1 202 835 1862 Hannah Zarkar Associate +1 202 835 6155 hannah. Poling Partner + 1 202 835 6170 jonathan.k.dyson@bakermckenzie.Baker & McKenzie Nicholas Lise S. Lis Partner +1 202 835 6147 sylwia. DC Outbound Trade Group Edward E. Contini Associate +1 202 835 6100 Kerry B.hill@bakermckenzie.coward@bakermckenzie. Coward Partner +1 202 452 7021 nicholas. Hill Of Counsel +1 202 835 6121 steven. Dyson Partner +1 202 452 7004 The foregoing is intended only to provide a general overview of the new sanctions imposed against Ukraine.

com San Francisco / Palo Alto Trade Group John F.burns@bakermckenzie. US and other countries impose sanctions in response to events in Ukraine 7 March 2014 . Prior results do not guarantee a similar outcome.staffordpowell Kathryn Anderson Associate +1 415 984 3825 Brian Cacic Associate +1 416 865 2327 Eunkyung Shin Associate +1 312 861 8211 eunkyung.anderson@bakermckenzie. in such a law firm. All rights Toronto Trade Group Paul Burns Partner +1 416 865 6912 paul. or equivalent. reference to an “office” means an office of any such law firm. Baker & McKenzie International is a Swiss Verein with member law firms around the world.shin@bakermckenzie.mckenzie@bakermckenzie.Baker & McKenzie Chicago Trade Group Bart M. In accordance with the common terminology used in professional service Alison Stafford Powell Of Counsel +650 856 5531 alison. McKenzie Partner +1 415 576 3033 john. reference to a “partner” means a person who is a partner. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions.cacic@bakermckenzie. 4 Paul Anne Petterd Special Counsel +61 2 8922 5221 ©2014 Baker & Lisa Douglas Associate +1 416 865 6972 lisa. Sydney Trade Group Penny Ward Partner +61 2 8922 5167 pennyj.amberg@bakermckenzie. Amberg Associate +1 312 861 8675 paul. McMillan Partner +1 312 861 2808 bart.