Jak ošetříte riziko plynoucí ze sankčního seznamu Evropské unie?

In connection with the ongoing military conflict in Ukraine, a number of sanctions have been adopted in recent days by (not only) the European Union against designated EU entities (both individuals and legal entities). The purpose of the imposed sanctions is, in particular, to completely ban or restrict trade with designated entities, or to prevent the purchase, sale and import of certain types of goods, prevent monetary transfers or the use of payment instruments, etc.

The imposed sanctions and the expanding list of entities subject to these sanctions are currently being widely discussed in the media. What is not mentioned as often, however, is that the imposed sanctions can pose a significant risk to Czech entities that do not check whether, for example, one of their business partners is a person subject to the sanctions.

In this context, attention should be drawn in particular to Act No. 69/2006 Coll., on the Implementation of International Sanctions under Czech legislation, which regulates the obligations of Czech individuals and legal entities in relation to international sanctions, but also lists offenses that a Czech individual or legal entity may commit if they violate these obligations (e.g., by trading with an entity subject to the relevant sanction). Depending on the type of obligation violated and their severity, a fine of up to 50,000 can be imposed for these offenses. If you are dealing with the setup of internal controls or defense in subsequent administrative proceedings, support in the field of international law can help.

How to reduce the risk of committing one of these offenses?

Even in the slightest doubt, verify whether the entity with which you have established business relations is included on the EU "sanctions list" For the correct setup of contractual arrangements and liability in international deliveries, it may also be useful to refer to the text Terms and Conditions for Trading with America: How to Set Them Up to Protect Your Company in International Trade. For this verification, I recommend using the tool created specifically to make the list of sanctioned entities clearer, the so-called EU Sanctions Map, available HERE. This is a very effective way instead of complex browsing through the relevant extensive EU regulations and their individual amendments.

Within the map linked above, information is provided on sanctions adopted by the EU, either to implement measures imposed by the UN Security Council or directly by the EU itself. At the same time, this map is always updated after changes to existing sanction regimes enter into force, or new regimes are introduced, so you can be sure that you are working with the most up-to-date information in relation to the above.

I recommend in a situation where you have doubts about whether a specific person (either physical or legal) is currently subject to any of the EU sanctions, to use this very tool. In addition to verification on sanctions lists, it is advisable to have a procedural process in place for how to proceed in case of suspected breach of obligations – this is typically linked to the agenda of commercial and court disputes. For the given person, you can also easily find information on who issued the sanctions (whether the UN Security Council or directly EU authorities) and details on the scope of sanctions applied to this entity.

For technological and industrial items, sanctions screening overlaps with export controls – we describe the licensing regime for the export of dual-use goods here: export of dual-use goods from the Czech Republic in 2026.

If you find that your business partner is subject to a sanction measure and you could thereby commit an offense for which you face a fine, you can contact me on this matter at my email: vetesnikova@arws.cz or use the telephone connection 245 007 742. In terms of dispute prevention, it makes sense to have a clear definition of when an order is sufficient and when a contract is needed – see the news article Commercial Contract vs. Order: When an Order is Enough and When a Company Faces a Problem.