U.S., UK and EU Sanctions Over Putin’s Recognition of Breakaway Ukraine Areas

Key Takeaways

  • On February 21, 2022, the White Home issued a brand new Govt Order (EO) that imposes complete sanctions on the Donetsk Folks’s Republic (DNR) and Luhansk Folks’s Republic (LNR) areas of Ukraine (collectively the “Coated Areas”). These sanctions look like modelled on these imposed on Crimea since late 2014 underneath Govt Order 13685 (EO 13685).
  • In parallel, the U.S. Treasury Division’s Workplace of International Belongings Management (OFAC) printed six basic licenses (GLs) authorizing sure transactions involving the Coated Areas.
  • The EU and UK have additionally introduced that they intend to impose additional sanctions in response to Russia’s determination to acknowledge the independence of the Donetsk and Luhansk areas.

U.S. Complete Sanctions Towards the DNR and the LNR

Scope: the DNR and LNR

The brand new EO doesn’t element which elements of the Donetsk and Luhansk areas[1] are topic to the brand new U.S. sanctions. It’s doubtless that the U.S. Treasury and State Departments will make clear additional the scope of the Coated Areas focused by the sanctions in public steering to be issued by OFAC.


Underneath the brand new sanctions, U.S. individuals[2] are prohibited from the next:

  • Export, reexport, promote, or provide, straight or not directly, any items, providers, or know-how to the Coated Areas;
  • Interact in new investments within the Coated Areas;
  • Import into america any items, providers, or know-how from the Coated Areas; and
  • Present any approval, financing, facilitation, or assure of a transaction by a non-US get together the place the transaction could be prohibited if carried out by a US Individual with respect to the Coated Areas.[3]

SDN Designations

The brand new EO additionally offers authority for OFAC to designate events that function within the Coated Areas or present materials help to SDNs designated pursuant to the brand new Order.[4]

Normal Licenses

OFAC issued a lot of GLs on February 21 for the Coated Areas, as follows:

  • Ukraine GL 17 to permit a wind-down of operations and contracts involving the DNR and LNR by March 23, 2022;
  • Ukraine GL 18 for the export to the Coated Areas of meals, medication and medical units and transactions associated to the COVID-19 pandemic;
  • Ukraine GL 21 to make sure private remittances can proceed to circulation and the operation of financial institution accounts;
  • Ukraine GL 19 to permit telecommunications and mail providers to proceed;
  • Ukraine GL 22 for web providers to stay operational; and
  • Ukraine GL 20 to permit worldwide organizations (e.g., United Nations, sure worldwide growth banks, Group for Co-operation and Safety in Europe) to have interaction in actions associated to the Coated Areas.

Additional Restrictions to Come

Previously, pursuant to EO 13685, the U.S. Commerce Division’s Bureau of Trade and Safety (BIS) has imposed a complete export/reexport ban on Crimea with respect to items, software program, or know-how topic to U.S. jurisdiction, excluding EAR99 meals and medication.[5]  Though the White Home bulletins don’t mandate or consult with motion by BIS, nothing precludes the latter to impose Crimea-like restrictions on the Coated Areas within the close to future.

Additional, on January 12, 2022, Democratic Senator Robert Menendez launched S.3488, the Defending Ukraine Sovereignty Act of 2022 (DUSA). This invoice incorporates wide-ranging and closely restrictive measures, a few of which we have now mentioned right here.

If adopted into regulation, the act would:

  • Impose sanctions in opposition to sure officers of the Russian Federation, together with, amongst others, President Putin, Prime Minister Mishustin, and International Minister Lavrov, and quite a few navy officers.
  • Designate sure monetary establishments on the SDN listing (together with, however not restricted to: Sberbank, Gazprombank, Credit score Financial institution of Moscow, Rosselkhozbank, VEB.RF).
  • Reduce off sanctioned monetary establishments from the SWIFT messaging system, by imposing sanctions on SWIFT (or some other messaging service) if it providers the sanctioned banks.
  • Impose sanctions in opposition to sure officers of the Russian Federation, together with, amongst others, the President, Prime Minister, and International Minister, and quite a few navy officers.
  • Impose sanctions on individuals and entities concerned within the planning, development, or operation of the Nord Stream 2 pipeline.
  • Impose additional sanctions on oil and fuel, coal, and minerals extraction, mining, and processing industries.

UK and EU Response

The EU and UK have additionally introduced their intent to impose additional sanctions in response to Russia’s determination to acknowledge the independence of the Donetsk and Luhansk areas. The main points of such sanctions haven’t but been made public. The UK has acknowledged that its sanctions can be introduced as we speak (February 22). The EU will comply with the identical schedule, because the Council will determine on the sanctions that the EU will take this afternoon in Paris. Early within the afternoon, German Chancellor Olaf Scholz has taken steps to halt the method of certifying the Nord Stream 2 fuel pipeline from Russia.

We’ll intently monitor exercise across the Russia-Ukraine state of affairs and supply ongoing updates at our weblog right here.


[1]       The DNR and LNR symbolize roughly 30% of the bigger Donetsk and Luhansk areas of Ukraine

[2]       Any United States citizen, lawful everlasting resident, entity organized underneath the legal guidelines of america or any jurisdiction inside america (together with overseas branches), or any individual in america.

[3]       Part 1(a) of the EO.

[4]       Part 2(a) of the EO.

[5]       See 15 C.F.R. § 746.6.

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