4.10.2023

Commission issues new guidance on enhanced due diligence against sanctions circumvention

A new guidance note by the Commission helps operators in the European Union to identify sanctions circumvention and assess the related risks. The note presents an overview of aspects to consider when carrying out due diligence.

In response to Russia’s war of aggression against Ukraine, the European Union has imposed vast restrictive measures against Russia and Belarus. Given the scale of the sanctions, Russia has tried to circumvent these measures, for example by using complex financial schemes or falsifying the nature of origin of the goods traded. There is therefore an increased risk that EU operators unknowingly facilitate prohibited activities involving Russia which possibly violate EU regulations. EU operators have a duty to comply with sanctions regulations and to carry out due diligence when trading with third countries in order to reduce the risk of sanctions circumvention. It is prohibited to knowingly and intentionally participate in activities which have the effect or object of circumventing prohibitions laid down in Council Regulation (EU) No 833/2014 and Council Regulation (EU) No 269/2014.

Identifying sanctions circumvention

In September, the European Commission published a new guidance note for EU operators to help them identify and assess possible risks of sanctions circumvention. The guidance is intended as a practical guide, not an exhaustive document, and it aims to provide main points of consideration for enhanced due diligence. It currently focuses on export-related sanctions, but the recommended due diligence measures will be updated as new ways of circumventing sanctions emerge. The guidance emphasises that risk assessments should be updated regularly, and personnel should be trained on the issues related to sanctions.

The guidance contains a list of good practices which seek to ensure that business partners are identified and verified, abnormalities in the flows of money and routes of goods are noticed, and attention is paid to the nature of goods. In particular, threats and vulnerabilities arise for EU operators who manufacture or transport, semiconductor devices, for example, or other high-priority battlefield items. The Commission has published lists of sanctioned high-priority battlefield items and economically critical goods to support EU operators in their due diligence and effective compliance with EU sanctions regime.

Good practices and red flags

As for the implementation of enhanced due diligence, the guidance contains some good practices to address the most common typologies of sanctions circumvention. Particular attention should be given to the possibility of diversion to or from Russia via third countries. When exporting goods subject to restrictions, all EU operators should 1) include contractual clauses with their third-country business partners prohibiting re-exports of the items to Russia and Belarus and 2) possibly include ex post verifications. If sanctioned items are exported further due to insufficient due diligence, it may constitute a violation of EU sanctions law. Additional vigilance is also required when transactions rely on correspondent accounts.

The guidance also contains a list of circumvention red flags related to business partners and customers. Possible signs of circumvention are, for example, indirect transactions, new customers in ’circumvention hubs’ and complex corporate structures. If any of the red flags come up in the course of general due diligence, a deeper screening is required.

The guidance can be read in full here.

Latest references

We advised Efima Oyj on the sale of its AI business to Better Care Technologies Oy. The transaction included Efima’s Moiva AI platform developed for the care sector, the related technology and brand, customer contracts, and the experts working in the business. Efima is a Finnish digital company that supports the sustainable growth of large and mid-sized companies by streamlining their business processes and by creating competitive advantage through the innovative use of artificial intelligence and data. The company has nearly 200 experts based in Helsinki and Tampere. 
Case published 21.9.2026
We advised Neoen Renewables Finland Oy, part of the French Neoen Group, in its sale of a data centre project to a consortium consisting of international data centre developers and operators. This marked Neoen’s first data centre development project in Finland. Founded in 2008, Neoen is one of the world’s leading independent renewable energy producers. The company operates in 15 countries. It develops, finances, builds, owns, and operates solar power plants, wind farms, and battery storage systems. Neoen Group is owned by global alternative asset manager Brookfield Corporation.
Case published 17.9.2026
We advised Jolt Capital and Tesi in connection with their investment in VEV, a leading provider of commercial fleet electrification solutions. The investment, led by Jolt Capital with Tesi as co-investor, will support VEV’s next phase of growth and expansion across Europe. As part of the transaction, VEV became an independent company following the acquisition of Vitol’s stake in the business. Founded by Vitol, VEV provides integrated fleet electrification solutions combining fleet strategy, charging infrastructure, energy supply and operational services. Through its VEV IQ platform, the company supports more than 6,000 commercial electric vehicles across Europe and has been deployed across more than 600 sites spanning the transport, logistics and waste sectors. Jolt Capital is a private equity firm focused on growth investments in European deeptech companies. Tesi is a Finnish state-owned investment company that promotes Finnish business and economic growth through investments. We advised Jolt Capital and Tesi on the equity financing and structuring aspects of the transaction. International law firm Goodwin advised the investors on the acquisition of VEV.
Case published 10.9.2026
VR-Group Plc is a transport and logistics group owned by the Finnish State, operating passenger and freight rail transport in Finland with activities also in the Swedish market. VR Group provides passenger, logistics and maintenance services with over 160 years’ experience in developing responsible transport of the future. We advise VR Group in intellectual property matters as part of the company’s wider brand protection efforts. Our assignments have included advice on copyright, design rights and trademarks, focusing on the protection of the company’s visual identity – including its distinctive green colour – in connection with transport services as part of a comprehensive IP protection strategy. VR Group’s consistent brand building has also received recognition, including the Finland Chamber of Commerce’s Brand of the Year award in 2026. In the competition, brands were viewed comprehensively from various perspectives, including their story, strategic role, brand renewal ability and intellectual property protection. The jury found that VR had understood the importance of the protection of its brand as part of a comprehensive business strategy. 
Case published 9.9.2026