Statement on EU Sanctions Regulation against Russia

No-Russia clause in sales and supply contracts

The so-called "no-Russia clause" applies to sellers of certain goods from March 20, 2024.

Article 12g of EU Regulation 833/2014 obliges companies to include a clause in their contracts for the sale, supply, transfer or export of goods and technology to third countries that contractually prohibits re-export to Russia and re-export for use in Russia. This is intended to prevent the circumvention of sanctions via third countries, as although many companies do not sell directly to Russia, their goods still reach Russia via detours. However, corresponding clauses only need to be included for the sale of the following goods and technologies:

  1. goods and technologies listed in Annexes XI, XX, XXXV of Regulation 833/2014
  2. common goods with high priority according to the list in Annex XL of Regulation 833/2014
  3. firearms and ammunition according to the list in Annex I of EU Regulation 258/201

The annexes include the following items in particular:
  • Annex XI: in particular goods for use in the aerospace industry
  • Annex XX: in particular aviation turbine fuels and fuel additives
  • Annex XXXV: firearms and other weapons
  • Annex XL: inter alia circuits, semiconductor components, certain electrical equipment.

Corresponding clauses are also not necessary if the sale is made to one of the partner countries listed in Annex VIII of EU Regulation 833/2014, which are currently:

  • USA
  • Japan
  • United Kingdom / Great Britain
  • South Korea
  • Australia
  • Canada
  • New Zealand
  • Norway
  • Switzerland

Article 12g of the EU Regulation also provides for a legacy contract clause. Accordingly, the "non-Russia clause" applies to the performance of contracts concluded before December 19, 2023, until December 20, 2024, or until the expiration date, whichever is earlier.

The contractual agreement must also contain "appropriate" remedies in the event of a breach of contract; the Motorservice companies expressly reserve the right to suspend further deliveries immediately and to suspend or terminate the business relationship with the respective customer if they become aware of a possible breach of contract.

In addition, Motorservice will immediately report any known violations of the re-export to the Russian Federation to the competent national authorities.

Further information: