The EU’s sanctions package against Russia has become so comprehensive that it is almost impossible not to violate it. ‘If the goal is to stop the war in Ukraine, it should be easier for all parties,’ says Aage Borchgrevink of the Norwegian Helsinki Committee.
Russia’s ability to circumvent EU economic sanctions is an important part of the country’s ability to continue its war in Ukraine.
‘The sanctions regime is now so complex, with 14 sanctions packages totalling more than 1,200 pages, that it is very difficult for businesses to find their way around,’ says Aage Borchgrevink, Senior Adviser at the Norwegian Helsinki Committee.
For example, certain types of technology are prohibited from being transferred directly or indirectly to Russia, but if a business’s technology reaches Russia through a third party, it can be difficult to determine whether this is an indirect transfer in violation of sanctions or an illegal circumvention of sanctions.
Many countries do not have sanctions against Russia, and countries that trade with them can circumvent sanctions: ‘It is now also a violation of sanctions not to do enough to prevent sanctions from being circumvented by imposing special conditions, such as contractual clauses to prevent further exports of certain goods to Russia. The situation has therefore become very complicated,’ says lawyer Håkon Stalheim Meldahl of the law firm Wikborg Rein.
‘A full economic boycott like Norway’s against South Africa is the next step to weaken Russia and stop the war. If the goal is to stop the war in Ukraine, it should be easier for all parties. The sanctions are having an effect, but I am afraid that new sanctions packages will keep coming,’ he adds.
Aage Borchgrevink, Senior Counsellor at the Norwegian Helsinki Committee, believes that the EU, led by Denmark and Sweden, should also do more to stop Russia’s biggest export and most important source of income: oil: ‘This is an industrial war that depends on huge resources. And Russia’s most important export is oil. Oil exports are Russia’s main source of income to keep the war machine going.’
There is a possibility that this can be stopped, he adds: ‘There is such a possibility. It is very important to stop the shadow ships travelling through Øresund to the oil terminals near St Petersburg. If we stop the oil, we stop the war.’
