russia-sanctions 14 July 2022

US welcomes Brussels’ Kaliningrad transit ‘clarity’

The US government has welcomed new guidance from the European Union vis a vis the transit of goods between the oblast of Kaliningrad, which is an enclave of Russian territory bounded by EU Member States and by Belarus, with the rest of Russia – which confirms that while rail freight is permitted through EU territory, road freight is not. The Russian government has claimed that the EU had in effect imposed a blockade on Kaliningrad.

On 13 July, the European Commission confirmed that ‘the transit of sanctioned goods by road with Russian operators is not allowed under the EU measures,’ but, ‘No such similar prohibition exists for rail transport, without prejudice to Member States’ obligation to perform effective controls. Member States shall check whether transit volumes remain within the historical averages of the last 3 years, in particular reflecting the real demand for essential goods at the destination, and that there are no unusual flows or trade patterns that could give rise to circumvention. The transit of sanctioned military and dual use goods and technology is fully prohibited in any event – regardless of the mode of transport.’

It said, ‘The purpose of today’s text is to specify the applicable rules and recall that Member States are obliged to prevent all possible forms of circumvention of EU restrictive measures. In that light, the Commission underlines the importance of monitoring the two-way trade flows between Russia and Kaliningrad Oblast to ensure that sanctioned goods cannot enter the EU customs territory.’

On the same day, US State Department spokesman Ned Price said, ‘We applaud European Union member states, including Lithuania, for enforcing sanctions measures fully in accordance with EU guidance.

‘It is important to note that there is not now and there never has been a so-called “blockade” of Kaliningrad. Using a variety of routes, passengers continue to transit between mainland Russia and Kaliningrad, as do all humanitarian shipments and most other goods. We should also not forget why economic sanctions were put into place, which was in response to Russia’s unprovoked and brutal war in Ukraine.’

https://ec.europa.eu/info/files/faqs-sanctions-russia-export-import-guidance_en