As a result of the war in Ukraine, the European Union has decided to impose the strictest sanctions against Russia. These sanctions also apply to air transport. In particular, EU Regulation (EU) 2022/328 severely restricts free trade in aircraft, spacecraft and their individual parts and, in accordance with Article 3c paragraph 1, prohibits selling, delivering, transferring or exporting these goods directly or indirectly to natural or legal persons, organizations or bodies in Russia or for use in Russia.
Article 3c (3) provides for the same regime for measures such as overhauling, repairing, inspecting, replacing, modifying or remedying an aircraft or component.
Violations of sanctions are punishable by heavy penalties
It should be noted that people in Russia are not equated with Russian citizens and therefore need proof of their actual main place of residence or place of business. In addition, the very broad and indirect wording also includes the operator, as well as corporate structures in which the customer himself does not indicate any relations with Russia, but either the operator or the beneficial owner of the aircraft are persons in Russia or intends to use aircraft in Russia.
A comprehensive “know your customer” process (as well as a “know your operator” process) is therefore essential, as violations of European sanctions under German law can be punished with fines of up to 500,000.00 euros.
