Sectoral, trade and other sanctions outside name lists

Describe the substance

Generic contract words such as advice and equipment are insufficient. Describe product functions, specifications, service content and actual beneficiaries. Establish customs classification for goods and activities for services. An intermediary invoice does not remove end-user questions. A supplier’s trade licence does not itself establish whether the regime permits performance.

FAÚ points to TARIC for commodity restrictions by nomenclature and recommends verification in the sanctions instrument. A database is a practical aid, not a complete decision. Read conditions, annexes and exceptions in the legal act. Separate export restrictions may apply beyond name-based sanctions. Proper classification may require technical evidence.

Map the route and end use

Establish delivery country, transit, banks, recipient, end user and onward transfer. A route through a third country is not automatically permissible. Circumvention concerns require analysis of actual purpose rather than only contractual addresses. Rerouting, bank changes or unclear product use may require fresh assessment before performance.

For office provision, company administration and professional services, describe the actual work and beneficiaries. A conclusion permitting one administrative service cannot be transferred to all services for that company. Wording effective at performance takes precedence over old articles or templates. For changing regimes during long projects, establish checkpoints for relevant subsequent performance.

Exceptions require satisfied conditions

Distinguish directly applicable exceptions from an opportunity to seek authorisation. An application is not granted approval. Retain the decision’s scope, date and conditions. AML obliged entities also assess sanctioned goods and services under Section 6(2)(b). Required reporting cannot wait for commercial approval of a preferable solution.

Check changes to the service instruction

For advisory work, checking the client’s business name once is insufficient. The target entity, country of use or requested activity may change during the assignment. Reopen the assessment of the activity after such changes. Office provision or company formation may require considering for whom the structure is created and what services the package actually includes. A general commercial category does not replace describing individual actions.

Any exception must fit your performance, participants and time period. Retain its legal basis, conditions and any granted authorisation. An old authorisation for a different product or previous contract does not automatically cover a new assignment. Do not hide an unresolved issue behind a negative name result. If technical specifications or end-user information are missing, arrange supplementation before declaring the assessment complete and performing the work.