由 caicai8478 Exporting sensitive products to Russia (such as high-tech, dual-use military, energy, medical, etc.) faces complex compliance risks, and international sanctions, Russian domestic laws and potential secondary sanctions must be considered at the same time. The following is an analysis of key risks and countermeasures:
I. Main compliance risks
International sanctions risks
US/EU sanctions: Pay special attention to the OFAC list (SDN list), EAR controls (such as extended sanctions for the Huawei incident), EU Regulation No. 833/2014, etc.
Secondary sanctions: Even if the company does not involve US business, if the transaction involves US dollar settlement or US technology, it may still trigger sanctions.
Industry restrictions: The export of sensitive technologies in the fields of defense, energy, finance, AI, chips, etc. is strictly controlled.
Russian domestic law risks
Import restrictions and forced localization: Some products must comply with GOST certification (such as medical devices must be registered with the Russian Ministry of Health) and technology transfer requirements.
Anti-Sanctions Law: Russia’s “Anti-Sanctions Law” may force companies to cooperate with national policies, and those who violate sanctions from other countries will face penalties from Russia.
Data localization: Personal data storage must comply with the Federal Law on Personal Data (152-FZ).
Logistics and payment risks
SWIFT restrictions make cross-border payments difficult, requiring reliance on RMB/ruble local currency settlement or third-party transit (such as Dubai, Turkey).
Logistics restrictions (such as marine insurance, port embargoes).
Reputation and ESG risks
International customers/NGOs may question Russian business, affecting financing or market access.
- Corporate response measures
- Comprehensive compliance screening
Product screening: Confirm whether the HS code is subject to EAR control (such as ECCN classification) and the EU dual-use items list (DUAL-USE Regulation).
Entity screening: Verify whether the counterparty is on the OFAC SDN list, the EU restricted list or the Russian “unfriendly list”.
End-user review: Avoid military use (such as Russian military enterprises such as Rostec affiliates) through the end-use statement.
- Legal framework adjustment
Contract terms: add sanctions exemption clauses (Force Majeure), agree on dispute resolution venues (such as Hong Kong/Singapore arbitration).
Transaction structure: transit through neutral countries (such as Kazakhstan, Armenia), but pay attention to the “substantial transformation” rule (not simple transshipment).
Localized cooperation: joint ventures with local Russian companies (such as the Skolkova Innovation Center project), but the risk of technology leakage needs to be assessed.
- Alternative solutions
Payment: use the RMB Cross-Border Payment System (CIPS), digital currency (such as the digital ruble pilot) or barter trade.
Logistics: choose non-Western shipping companies (such as FESCO, China-Europe Express), and insure Sinosure policy insurance.
Technology substitution: “de-Americanize” regulated products (such as replacing US parts to less than 10%).
- Dynamic monitoring and emergency response
Establish a real-time sanctions tracking system (such as Thomson Reuters World-Check).
Reserve a “quick exit” mechanism (such as equity repurchase clauses, control of key technologies).
- Government communication and compliance proof
Apply to the Ministry of Commerce of China for exemption from the “Unreliable Entity List” (such as involving the livelihood sector).
Obtain compliance certification (such as ISO 37301) to enhance international credibility.
III. Typical case reference
Huawei Russia: Divest US technology through local R&D centers and use Hongmeng system instead of Android.
Zoomlion: Use the “full RMB settlement + Turkey transit” model to avoid SWIFT risks when exporting construction machinery to Russia.
WuXi Biologics: Suspend the provision of bioreactors to Russian vaccine companies and actively disclose compliance rectification to avoid OFAC penalties.
IV. Risk warning
From 2024, Russia may strengthen the enforcement of “parallel imports” (such as trademark exemptions), and companies need to be vigilant about gray customs clearance risks. It is recommended to reduce the inspection rate through the Russian Customs Union (EAEU) white list channel (such as the China-Russia Customs “green channel” pilot).
If a compliance solution is required for a specific industry (such as chips, drones), further analysis of product technical parameters is required.