The 15th EU sanctions package is aimed specifically at Russia's “shadow fleet” - a network of outdated, barely regulated ships that continue to export oil despite the oil price cap. The blacklisting of a total of 79 ships is intended to close loopholes, increase costs and effort for Russia's circumvention strategies and address safety and environmental problems at the same time. In addition to these maritime measures, the package also includes extended sanctions against individuals and companies, stricter trade controls for dual-use goods, protective measures for EU companies against Russian court decisions and measures to safeguard the financial sector. For the first time, Chinese players are also being targeted, which underlines the global dimension of the sanctions. These targeted steps set an important precedent for the adaptability of international sanctions and serve as a signal to other countries to take decisive action against sanctions evasion. Despite the extensive tightening, the success of the package depends on continued international cooperation and consistent enforcement.

The European Court of Justice (ECJ), upon referral from the Berlin Regional Court, provided an interpretation of Article 5n(2) of Council Regulation (EU) No. 833/2014 of 31 July 2014. This Article provides for the prohibition of providing "legal advisory services" to the Government of Russia or legal persons, entities, or bodies established in Russia.

The ECJ addressed the scope of this Article in the context of the services of notaries in authenticating contracts for the sale of immovable property where the seller is a Russian legal person, as well as the execution of such contracts and the provision of translation services during this process.

The ECJ defined "legal advisory services" under Article 5n (2) as "the pursuit of an activity of an economic nature, based on a relationship between a service provider and his or her client, the purpose of which is the provision of legal advice, and by which a provider delivers advice on questions of law to persons seeking that advice." The ECJ concluded that the act of authentication in the specific case, along with other tasks related to the execution of the authentication process, and the provision of translation services to assist representatives of Russian legal persons who do not command the language of the authentication procedure, do not fall within the scope of the prohibition under Article 5n(2).

As of July 2024, the EU introduced the Voluntary Disclosure concept (similar to the U.S.) into its sanctions program regarding Russia and Belarus. This means that when you discover a [potential] violation of EU sanctions by your company, you can voluntarily disclose this to the competent authority of the relevant Member State, who will take this Voluntary Disclose into account when deciding on prosecution steps. Please be aware that you should have a sanctions program in place that makes sure relevant data has been collected and documented, so you can show in your disclosure that you never intended to violate the sanctions.