- advising a major Russian bank subsidiary on sanctions legislation, including EU and US requirements, in connection with the structure of commercial relationships in the energy trade involving companies in the UAE, Iran, Turkey, Mauritius and South Africa as well as analyzing the potential risks associated with making payments in different currencies, preparing a memorandum and providing recommendations related to the project’s structure
- advising a major Russian telecommunications company on sanctions compliance and adherence to export controls on a wide range of practical cases as well as providing advice on risk assessment, mitigation and internal compliance procedures
- analyzing sanctions risks arising from EU law for the Dutch subsidiary of a vertically integrated global oil company
- advising on Russian law issues regarding the scope and validity of contractual provisions obliging a Russian counterparty to comply with anti-Russian restrictive measures in foreign trade as well as advising both at the contract drafting stage and at the dispute stage (e.g., due to non-compliance with the relevant provisions by Russian counterparties), including supporting negotiations and preparing pre-trial dispute settlement agreements
- advising on the application of Articles 248.1 and 248.2 of the Code of Civil Procedure of the Russian Federation (exclusive jurisdiction of the state commercial courts of the Russian Federation over disputes involving persons subject to restrictive measures and the prohibition on initiating or continuing proceedings in disputes involving persons subject to restrictive measures)
- advising Russian and foreign clients on various issues related to the effect, application and impact on business processes of Russian restrictive measures (including measures introduced in Russia in February and March 2022)
- advising clients on issues stemming from Russian law related to the possibility of contractual exemptions, as well as their termination or modification, in connection with foreign trade restrictive measures or Russian restrictive measures (e.g., on the application of force majeure, material change of circumstances and impossibility to execute the contract)
- advising an international manufacturer of filtration, separation and purification products on contract and supply termination due to restrictive measures
- supporting a textile manufacturer in coordinating the acquisition of a Russian company with the Government Subcommission under the 2022 Presidential Decrees
- advising clients on structuring transactions and obtaining approval from the Government's Foreign Investment Control Subcommission in accordance with the restrictive measures adopted in 2022
Practices
Restrictive Measures
Our team provides legal support to clients on a wide range of restrictive measures, sanctions screening and compliance issues, as well as export control restrictions.
Today, many of our clients are faced with restrictive measures when conducting their business and making structural decisions regarding business in Russia, especially when it involves the purchase of foreign components, equipment and services or the sale of products to foreign partners.
BIRCH LEGAL’s team can help navigate through the somewhat vague rules and requirements of Russian and foreign restrictive legislation and export control measures. We are dedicated to providing sound advice and guidance aimed at striking a balance between practical and safe solutions.
- Advising clients on current restrictive measures affecting business
- Advising on foreign trade issues and export control restrictions
- Providing crisis management counseling
- Advising on changes to the corporate structure to minimize the risks associated with restrictive measures
- Advising corporate clients on restrictive measures imposed by foreign countries (including the US, EU and UK)
- Obtaining approval for transactions and operations with the Governmental Subcommission requiring approval under restrictive measures
- Developing a strategy for business in the face of accepted constraints
- Preparing legal opinions
- Providing legal support in the event of suspension or termination of a company's activities
Key contacts