EU sanctions against the Russian Federation: mistake in the “ninth package” regarding the goods listed in Annex XXIII of Regulation (EU) n. 833/2014
In a communication dated 09.02.2023, the Italian Customs and Monopolies Agency (“ADM”) communicates the presence of a mistake in the text of the EU “ninth package” of sanctions against the Russian Federation introduced on 16.12.2022 by means of Regulation (EU) No. 2022/2474 (“Regulation 2022/2474”).
In fact, on 30.12.2022, news was given of a possible derogation from the export ban on certain goods that can contribute, in particular, to the strengthening of Russian industrial capacity listed in Annex XXIII part B (Article 3k) of Regulation (EU) No. 833/2014 (“Regulation 833/2014”).
Specifically, these are goods listed under Combined Nomenclature codes “8417 20”, “8419 8180” and “8438 1010”, which can be exported subject to a special authorisation issued by the competent authority (for the Italian Republic, the Ministry of Foreign Affairs and International Cooperation), under the conditions deemed appropriate, for personal or domestic use by natural persons.
However, the competent services of the European Commission have made it known that Regulation 2022/2474 contains an error: the Combined Nomenclature codes “8419 8180” and “8438 1010”, in fact, are not included in Annex XXIII of Regulation 833/2014 and, therefore, cannot be subject to the relevant prohibitions laid down in Article 3k thereof.
Therefore, in accordance with Article 3k, only the exportation of goods under Combined Nomenclature code “8417 20” remains prohibited, unless authorised under the conditions laid down.
It should be noted, however, that the Combined Nomenclature code “8419 8180” is in any case subject to other prohibitions (e.g., those set out in Articles 2 and 2a of Regulation 833/2014) as well as to the derogations provided for therein.
It is therefore advisable to always carry out the relevant objective due diligence on products intended for exportation to the Russian Federation through ADM’s AIDA portal.