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Information on the control of exported equipment and goods following the adoption of new sanctions against Russia and Belarus

The European Union has adopted new sets of sanctions on exports to the Russian Federation and Belarus and has additionally extended the list of restrictive measures.

If a company has decided to export goods to Russia or Belarus, we strongly urge you to pay attention to the new export bans currently in force, and carefully examine new regulations and decisions adopted by the EU.

Information relating to restrictions on the export of specific goods is available in the Lithuanian customs system LITAR.

If the goods transported or the transaction fall(s) within the exemption from sanctions that are set by the Regulations or the goods according to their parameters do not fall into Annexes to the Regulations, the exporter, importer or carrier shall make a written explanation to the Ministry of the Economy and Innovation and to the customs authorities (according to which technical data, description or field of use of the goods are not classified as military equipment or dual-use items, for example, when code Y901 is entered in the goods declaration). The said entities shall also provide the appropriate supporting documentation (contract, written explanation from the exporter, whereunder the goods, according to the technical data, description or field of use, the goods are not classified as such subject to control, also technical descriptions of the goods).

 

The request shall contain the following data:

• country of destination;

• exporter;

• consignee / end user;

• country of origin of the goods;

• where the goods are currently located;

• description of the goods;

• codes of the goods;

• quantity and value of the goods;

• where the goods will be used.

 

Accompanying documents:

• contract (annexes thereto);

• invoices;

• documents confirming the payment (if any).

If the Sanctions Regulations provide for cases where the goods can be exported to non-prohibited end-users, the Ministry of the Economy and Innovation must be approached for an export permit (by sending an inquiry to the e-mail address [email protected]), and the following must be submitted:

1. Request (according to Annex IX to the Sanctions Regulation or Annex Vc to Regulation 2022/355), or the completed Form EC-1, if the request is being made in accordance with the provisions of Article 4 of Regulation 2021/821 on dual-use items, which shall state all the information about:

  • goods and technologies, the manufacturer of the goods;
  • consignee and the end user of the goods (if the consignee and the end user are not the same natural or legal person);
  • all other third parties involved in the transaction or its execution;
  • the intended end use of the goods and technologies, including (if known) the name of the project and the place where the goods will be used.

2. The end-use approval statement, containing the end user information, which confirms the purpose of the end use of the goods and technologies.

3. A contract or other documents confirming the sale of the goods to a specific entity.

  • More information on the forms of requests can be found here.
  • Form of the request for a license can be found here.
  • Licensing rules for strategic goods can be found here.

Relevant documents specified in Chapter IV of the Rules, which must be submitted to obtain a license, the form referred to in Point 14, and the documents referred to in Sub-paragraph 15.1.

The Ministry of the Economy and Innovation examines the request received, and, together with the documents received, transfers it to the public authorities responsible for the implementation of international economic sanctions, and/or to other institutions within the limits of their competence. After assessing the request and the documents received, the institutions shall present their conclusions. The requests shall be examined in accordance with the procedure established in the Licensing Rules for Strategic Goods.

Exporters established in Lithuania may apply for a permit.

Any natural or legal person or partnership established in Lithuania, on whose behalf the export declaration is completed, shall be considered to be an exporter established in Lithuania. That is, a person who, at the time of accepting the declaration, has a contract with the consignee in a third country and may decide to dispatch the item from the customs territory of the Community. If no export contract has been concluded, or if the contract holder does not act in his own name, then the exporter is a person who may decide to dispatch the item from the customs territory of the Community.

If the exporter is established in another EU Member State, a permit to export the goods to Russia or Belarus for use in these countries, that has been issued by the competent authorities of such other EU country, must be obtained.

The Customs Department ensures that the said goods and technologies, that are intended for Russia or for the use in Russia, do not cross the Lithuanian border without a permit.

Article 18712 of the Code of Administrative Offences and Article 1231 of the Criminal Code establish liability for violations of international sanctions.

The Council of the European Union has imposed additional restrictive measures on business. More information can be found here.

On 25 February 2022, the EU Sanctions Regulation has been supplemented. More information can be found here.

On 15 March 2022, the EU Regulation concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine has been supplemented. More information can be found here.

The Sanctions Regulation introduces additional restrictive measures in various sectors, which are primarily related to defence, energy, aviation and financial sectors.

Restrictions on dual-use items are extended, that is, they also apply to non-military end-users: export of dual-use items, technical assistance, brokering services or other services related to dual-use items are prohibited. More information can be found here.

Export of additional goods of advanced technologies, technical assistance, services are also restricted (Annex VII to the Sanctions Regulation), in order to limit the strengthening of Russia's military and technological capabilities in sectors such as electronics, computers, telecommunications and information security, sensors and lasers, and the navy. 

Importing, directly or indirectly, iron and steel (ferrous metals) products, that are listed in the Annexes, is prohibited.

Selling, supplying, transferring or exporting, directly or indirectly, the luxury goods, that are listed in Annex XVIII, to any natural or legal person, entity or body in Russia or for use in Russia are prohibited.  The list of the Russian companies, that are subject to sanctions, is expanded.

The rules and procedures, that are set out in EU Regulation on dual-use items, apply to the permits for the goods and technologies listed in Annex VII to the Sanctions Regulation.

About 50 entities related to the Russian defence and industrial base (Annex IV to the Sanctions Regulation), which are subject to even stricter restrictions on export and trade, are specified.

Ban on the export of goods and technologies (that are suitable for use in the aviation or space industry, oil refining) is provided for, save for very limited exceptions. These goods are dual-use items, advanced technology items and aircrafts, spacecraft and parts listed in Annex XI (these are goods, which are specified in Chapter 88 of the customs HS system).

On 2 March 2022, the European Union announced new sanctions against Belarus. More information can be found here.

New Council Decision on restrictive measures in view of the situation in Belarus has been also adopted. More information can be found here.

These legal acts impose additional restrictions relating to trade in the following goods: tobacco products, mineral products, potassium chloride (potassium carbonate) products, wood products, cement products, iron and steel (ferrous metal) products and rubber products, dual-use items and technologies, goods and technologies that could help improve the Belarusian army and technologies; also relating to exports and machinery export.

Selling, supplying, transferring or exporting, directly or indirectly, of dual-use items and technologies, that originate in the Union or outside the Union (that are listed in Annex I to Regulation (EU) 2021/821), are prohibited. The provision of related technical assistance, mediation services or other services to any natural or legal person, entity or organisation in Belarus, or for use in Belarus, are also prohibited.

Export of and technical assistance in respect of the goods and technologies originating in the Union or outside the Union, that are listed in Annex Va, which could contribute to the military and technological strengthening of Belarus or to the development of its defence and security sector (electronics, computers, telecommunications, sensors and lasers, navigation and avionics, marine systems, airspace), are restricted.

Import into the Union, acquisition, transport of and technical assistance in respect of the timber products listed in Annex X, the cement products listed in Annex XI, the iron and steel (ferrous metal) products listed in Annex XII, and the rubber products listed in Annex XIII, are prohibited.

The prohibition to sell, supply, transfer or export, directly or indirectly, to any person, entity or organisation in Belarus, or for use in Belarus, of the machinery of Union or non-Union origin, that is listed in Annex XIV, applies.

Other previously announced restrictions also apply. More information can be found here.

All sanctions can be found on the website of the Ministry of Foreign Affairs of the Republic of Lithuania.

If you have additional questions, please contact the Strategic Goods Policy Division of the Ministry of Economy and Innovation:

Head                                       

Aušra Šablinskienė  

Tel. 8 659 15 769

Chief Specialist

Rūta Sakalauskienė

Tel. 8 659 06 035 

Chief Specialist

Jūratė Vaigauskienė     

Tel. 8 628 69 500

Last updated: 01-04-2022