For the EU sanctions regime to be effective, enforcement should extend to the entire chain of involved participants, including entities from third countries, if they knew or should have known the nature of the operation.
This was stated in a comment to Guildhall by Benjamin Hilgenstock, Head of Macroeconomic Research and Strategy at KSE Institute and a member of the RUSI maritime sanctions task force.
According to him, “yes, absolutely,” enforcement should extend to the entire chain of involved participants. He stressed that “sanctions that go beyond direct import bans will only be effective if Europe’s significant economic leverage is used to encourage entities in third countries to comply with the sanctions regime.”
At the same time, he noted, for European countries this is “a politically difficult path,” given their “principled — and legally justified — rejection of secondary sanctions.” However, according to him, “the EU has already entered the realm of extraterritoriality by creating the legal basis for listing intermediaries, banks, and ports from third countries involved in violations of EU restrictive measures.”
Hilgenstock added that “as most direct economic ties with the adversary, namely Russia, have already been severed, a further expansion of these powers will be required.” Thus, in his assessment, sanctions enforcement should cover the entire chain of participants in such operations.
Earlier, a member of the Lithuanian Seimas stated that for violations of EU sanctions against Russia to truly lead to criminal cases and real punishment, the European Union needs new legal mechanisms. One such solution, according to him, could be the introduction of universal jurisdiction for sanctions circumvention.
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