On 23/09/2024, the Ministry of Financeissued an announcement regarding the obligation imposed by Article 8a of Regulation (EU) 833/2014:
On 24June 2024 the Council adopted Decision (CFSP) 2024/1744, according to which is appropriate to require that Union operators undertake their best efforts to ensure that legal persons, entities and bodies established outside the Union that they own or control do not participate in activities that undermine the restrictive measures provided for in Regulation (EU) No833/2014. Such activities are those resulting in an effect that those restrictive measures seek to prevent, for example, that arecipient in Russia obtains goods, technology, financing or services of atype that is subject to prohibitions under Regulation(EU) No833/2014.
Best efforts should be understood as comprising all actions that are suitable and necessary to achieve the result of preventing the undermining of the restrictive measures in Regulation (EU) No 833/2014. Those actions can include, for example, the implementation of appropriate policies, controls and procedures to mitigate and manage risk effectively, considering factors such as the third country of establishment, the business sector and the type of activity of the legal person, entity or body that is owned or controlled by the Union operator. At the same time, best efforts should be understood as comprising only actions that are feasible for the Union operator in view of its nature, its size and the relevant factual circumstances, in particular the degree of effective control over the legal person, entity or body established outside the Union. Such circumstances include the situation where the Union operator, due to reasons that it did not cause itself, such as the legislation of a third country, is not able to exercise control over a legal person, entity or body that it owns.
Specifically, Article 8a of Regulation 833/2014 provides that:
Natural and legal persons, entities and bodies shall undertake their best efforts to ensure that any legal person, entity or body established outside the Union that they own or control does not participate in activities that undermine the restrictive measures provided for in this Regulation.