Economic Sanctions

In a dynamic economic, regulatory and political environment, businesses must address not only routine commercial considerations - such as differing quality requirements, logistics, transport and foreign currency settlements -but also ensure full compliance with restrictions governing the type and quantity of goods that may be traded and the services that may be provided, including applicable deadlines for terminating existing arrangements. It is also necessary to assess whether commercial relations between particular parties are permissible at all, and to determine the extent to which investment in a given jurisdiction is allowed. Unexpected complications in dealings with existing business partners - including domestic counterparts - may also arise where such partners are designated on sanctions lists with immediate effect. To manage these risks, businesses must maintain robust and up-to-date due diligence procedures across their operations, monitor developments in Polish and EU legislation, and assess the potential impact of restrictive measures adopted in third countries (in particular, the United States). We assist our clients across all of these areas.

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Our Team

We are recognized experts, both in professional and academic circles, with many years of experience across the full range of legal and commercial issues comprising the field of economic sanctions. Our expertise spans, in particular, European and international law, administrative, customs and tax law, as well as criminal and civil law, including representation in proceedings before courts and other authorities.

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Our Approach

We support our clients in achieving full compliance with applicable restrictive measures, while ensuring that necessary changes to their operations are implemented as smoothly and efficiently as possible. Where our advice relates to past events or decisions, and there is a need to strengthen procedures for the future, we focus on delivering pragmatic and workable solutions. We combine knowledge of sanctions regulations with practical experience of their application by administrative authorities and courts, as well as a strong understanding of business realities. Where required, we work closely with lawyers in other jurisdictions. Our comprehensive experience enables us to assess the facts of each case effectively and to advise on appropriate steps to mitigate the risk of breaching sanctions regulations, or to minimize the consequences of any breaches that may already have occurred.

How can we help?

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Trade in Goods and Services

• We assess the permissibility of trade in specific goods and services with sanctioned countries, in particular Russia and Belarus.
• We assess the applicability of transitional provisions and quotas.

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Goods Detained at the EU Customs Border

• We assist exporters whose goods have been detained at the EU customs border pending clarification.
• We represent them before the customs authorities.

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Due Diligence of Business Entities Prior to the Acquisition of Shares or a Business

• We investigate whether there have been any past breaches of sanctions regulations by entities whose shares or business are the subject of the transaction.
• We provide legal opinions on the subject to banks and other financial institutions.

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Sanctions Compliance Due Diligence

• We help identify which roles, activities and procedures within a company’s operations are critical from the perspective of sanctions compliance and avoiding the risk of breaches.  
• We draft due diligence guidelines to ensure the company’s operations comply with sanctions regulations.

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Sanctions and Corporate Groups

• We advise individuals and entities conducting business in third countries or holding shares in foreign companies on how to ensure their operations comply with EU sanctions regulations. We resolve legal issues arising from the operations of corporate groups in EU countries in the context of compliance with the Polish Sanctions Act.  
• We represent applicants in proceedings for authorization to provide services to group companies based in Russia.

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Customs and Tax Audit of Transactions for Compliance with Sanctions Regulations

• We advise on the rights and obligations of entities subject to customs and tax audits aimed at assessing compliance with sanctions regulations.
• We represent clients before the relevant inspection authorities.

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Designation on Sanctions Lists and Applications for Delisting

• We advise clients on the consequences of designation and represent them in connection with their inclusion on Polish and EU sanctions lists.
• We advise and represent interested parties in cases concerning removal from the sanctions list in proceedings before administrative authorities and in court.

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Consequences of Sanctions Designation for Business Partners

• We analyze the implications of designating a business entity for its business partners.
• We advise on contracts that have not yet been performed.

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Applications for Authorization to Release Frozen Funds or Economic Resources

• We represent entities in proceedings before the National Fiscal Administration concerning applications for the release of frozen funds or economic resources.
• We advise Polish entities in similar proceedings before competent authorities in other countries.

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Administrative and Criminal Liability for Breaches of Sanctions

• We provide legal assistance in connection with proceedings to impose an administrative penalty for breaches of sanctions regulations.
• We provide legal assistance in criminal proceedings in such cases. Our proactive representation of clients before law enforcement agencies and the courts enables us to develop an appropriate defense strategy.

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Webinars and Training

• We promote awareness of sanctions regulations and their practical application.  
• We design and deliver tailored sanctions training, taking into account each client’s industry, size and geographical area of operation.