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 the lead investor Inventure on the seed funding round of Hamina Wireless. Superhero Capital and First Fellow participated in the round as co-investors. Hamina Wireless, founded in 2021, provides tools for fast and simple wireless network design. The platform offered by the company is equipped with tools that aid in the creation of wireless networks, inclusive of Wi-Fi 6E and CBRS. It also includes automation tools for the design of switching, cabling, and IDFs/MDFs. This platform enables design engineers to construct networks that ensure optimal coverage and overlap, minimal interference, maximum capacity, and seamless roaming. Inventure is an early-stage VC investor that that been in venture with over 90 companies ranging from deep tech to consumer internet brands, including Wolt, Swappie, Stravito and Jobbatical. With its EUR 377 million of assets under management, Inventure focuses on Seed and Series A investments across Nordics and Baltics, with offices in Helsinki and Stockholm.
Case published 18.7.2025
We advised Nevel Oy in its acquisition of the business of Labio Oy. Lahti Aqua Oy and Salpakierto Oy sold their entire shareholdings in Labio to Nevel, expanding Nevel’s already significant biogas portfolio. The transaction will have no impact on Lahti Aqua’s water utility operations or Salpakierto’s municipal waste management responsibilities. Labio’s operations and customer relationships will continue as before. ‘This partnership is a natural next step for us as we continue investing in sustainable material efficiency and renewable energy solutions. By integrating Labio’s comprehensive offerings and expertise, we can provide customers with a strong platform for material circularity. We are also strengthening our market position as one of Finland’s leading material efficiency solution providers,’ says Ville Koikkalainen, Director of Industrial and Biogas Business at Nevel. Nevel is an energy infrastructure company offering advanced, climate-positive solutions for industry and real estate. It operates more than 130 energy production plants and manages over 40 district heating networks. Nevel’s annual turnover is EUR 150 million, and it employs 190 experts in Finland, Sweden and Estonia.
Case published 16.7.2025
We advised Nordea Bank Abp in the EUR 150 million new green financing for Lahti Energia Oy to support investments promoting a clean transition and to refinance existing loans. Lahti Energia Oy’s green loan investments focus on solutions that reduce fossil carbon dioxide emissions and support sustainable development. Planned projects include electric boilers, district heating storage facilities, and investments in the development of energy networks.
Case published 1.7.2025
We advised Netel Group, a Nasdaq Stockholm-listed contracting company, on the sale of its Finnish operations, Netel Oy, to a group of private investors. The divestment forms part of Netel Group’s strategic realignment. In January 2025, Netel Group announced its decision to exit the Finnish market in order to concentrate on its core markets in Sweden and Norway and growth markets in Germany and the UK. Netel Group is a leading provider of services in the development and maintenance of critical infrastructure within Infraservices, Power and Telecom across Northern Europe. The company has been listed on Nasdaq Stockholm since 2021.
Case published 1.7.2025