Aviation: Guidance On 'No Re-Export To Russia' Clauses

The European Commission has published its much-anticipated Guidance on the requirement in Article 12g of Council Regulation (EU) No 833/2014 for EU-based exporters to include a 'no re-export to Russia' clause in contracts for the export of specific types of goods from the EU to certain third countries.

This requirement was adopted as part of the 12th package of EU sanctions against Russia in December 2023 and aims to combat the circumvention of existing sanctions against Russia.

The Article 12g Requirement: Who must comply

Article 12g obliges EU exporters to contractually prohibit the re-exportation to Russia and the re-exportation for use in Russia of certain goods when exporting, selling, supplying or transferring those goods from the EU to certain third countries (the No Russia Clause). From an aviation perspective, in-scope goods include aircraft, engines and other aircraft parts. "Supplying" in this context includes the leasing or subleasing of aircraft