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ARTICLE · 21 FEBRUARY 2021

(Anti)Sanctions Clause: How To Minimize Sanction Risks

The number of unilateral economic sanctions of the EU, US and other countries is considerably growing.

BelarusCorporate/Commercial Law

The number of unilateral economic sanctions of the EU, US and other countries is considerably growing. As a matter of recent example, on 7 December 2020 the EU Council adopted Decision (2020/1999) and Regulation (2020/1998) concerning restrictive measures against serious human rights violations and abuses, which will subsequently "simplify" the introduction of certain types of sanctions in connection with human rights violations1.

Sanctions (restrictive measures) may apply both to government officials and entities, as well as to private companies.

However, after the introduction of sanctions, counterparties from the EU and US are still being contracted with sanctioned companies which have to perform their obligations. In case of non-performance the sanctioned company is still subject for judicial enforcement. On the other hand, counterparties from EU and US often refuse to perform their obligations before sanctioned companies, as far as the due performance is

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