News

Appeals court partially supports the declarer in a dispute on the inclusion of dividends in customs value

On 25 April 2024, the Twelfth Arbitration Appeals Court issued a ruling partially upholding the importer’s petition to annul decisions of the Astrakhan Customs House that served as a basis for including dividends in customs value and charging additional customs payments.

Direct ban imposed on setoff of obligations owed to creditors and company shareholders from “unfriendly” states

State Duma adopts draft law on indexation of the thresholds for large and especially large damage for certain economic offences

Anti-suit injunction: further practice development

The imposition of unilateral restrictive measures on citizens or companies of a country often not only brings their economic activities abroad to a standstill, but also impedes the effective protection of their rights.

Russian investors allowed to receive funds payable in respect of securities from Type C accounts

On 19 March 2024, the President of the Russian Federation signed Decree No. 198 “On additional temporary measures of economic nature related to the performance of obligations under certain securities”. Decree 198 establishes the procedure for receiving securities related payments owed to certain categories of holders from funds blocked in Type C accounts.

Disputes continue regarding the application of anti-suit injunctions and force majeure due to sanctions

Russian courts continue to consider disputes related to sanctions restrictions imposed by foreign states. In March 2024, further rulings were adopted which developed the existing practice of applying the provisions of article 248.1 of the Arbitrazh Procedure Code of the Russian Federation (exclusive jurisdiction of Russian courts), article 248.2 of the Arbitrazh Procedure Code of the Russian Federation (anti-suit injunction) and article 401 of the Civil Code of the Russian Federation (force majeure) in connection with the imposition of sanctions. Read further in our legal update.

Russian Government approves the list of economically significant organisations

In early September 2023, the Law on so-called “economically significant organisations” entered into force, which makes it possible to suspend, via a court procedure, the corporate rights of foreign holding companies in relation to ESOs and also offers an opportunity for ESOs’ beneficial owners to take direct ownership of the shares/participation interest in ESOs. Until recently, there was no list of ESOs approved by the Russian Government. However, on 4 March 2024, the Russian Government published the first version of such list which includes six Russian companies. For more details on the contents of such list and its consequences for ESOs, please read our latest legal update.

EU adopts 13th package of sanctions against Russia

On 23 February 2024, the EU published new regulations formalising the 13th package of restrictive measures (sanctions) of the European Union.

US introduces new blocking sanctions against Russia

On 23 February 2024, the US President announced a record number of sanctions against Russia, over 500 new restrictions on Russian and foreign persons. The new sanctions restrictions are for the most part made of blocking sanctions. The US Department of the Treasury’s Office of Foreign Assets Control has published an updated specially designated nationals list.

UK introduces new sanctions against Russia

On 22 February 2024, the UK announced new blocking sanctions that affected 50 Russian and non-Russian individuals and businesses linked to the Russian defence industry, metals industry, the manufacture and supply of electronics, diamonds, energy trade, etc.

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