The extensive and comprehensive package of sanctions imposed by the United States, the European Union, and the United Kingdom against Russia has had a profound impact on the Russian aviation industry. These sanctions include a complete ban on the export of goods and technologies for the aviation sector, including the sale of all aircraft, spare parts, and equipment to Russian airlines, as well as a prohibition on providing related insurance services. This situation has led to a sharp and significant change in circumstances that were beyond our control.
Sanctions legislation, whether from the US, EU, UK, or other countries, is a complex and dynamically evolving area that requires close attention. Even a minor error in interpretation or failure to comply with seemingly insignificant nuances can lead to significant financial losses, reputational damage, and even criminal liability. This applies not only to direct sanctions imposed on the company itself but also to so-called secondary sanctions, which can be applied to the company’s partners operating in jurisdictions subject to sanctions regimes. For example, the US CAATSA (Countering America's Adversaries Through Sanctions Act) provides for sanctions against entities engaging in significant transactions with individuals or companies under US sanctions, regardless of where these transactions occur. This illustrates the complexity and multifaceted nature of sanctions compliance.
Therefore, conducting a comprehensive sanctions audit is not a luxury but a vital necessity for any company engaged in international activities or with foreign partners. Such an audit should include not only an analysis of the organization’s current activities for compliance with applicable sanctions laws but also an assessment of potential risks, with the creation of a detailed "risk map." This map allows for the visualization of potential threats and the development of effective strategies to mitigate these risks. It should include not only a list of potential violations but also an assessment of their likelihood and a description of potential consequences.
Sanctions compliance support is not a one-time event but requires ongoing monitoring of legislative changes, adaptation of internal procedures and documents to new realities, and advising management on sanctions compliance issues. It is important to note that the effectiveness of sanctions compliance directly depends on the quality and completeness of information, so collaboration with experienced specialists in this field is a critical factor.
The "Know Your Customer" (KYC) procedure gains even greater significance under increased sanctions pressure. It involves thorough checks of all counterparties for their connections to sanctions lists, as well as assessments of reliability and reputation. Modern KYC procedures include not only checks against standard sanctions lists but also analysis of information from open sources, use of specialized databases, and conducting Due Diligence.
Due Diligence is a process of thorough examination of counterparties, including analysis of financial statements, checks for involvement in illegal activities, reputation assessment, and many other aspects. Periodic monitoring of the inclusion/exclusion of counterparties from sanctions lists is an integral part of Due Diligence and ensures the relevance of information and timely response to changes.
Furthermore, it is necessary to regularly analyze and review all contracts with counterparties, making necessary amendments in accordance with current legislation and minimizing sanctions risks. This may include revising the geographical scope of activities, changing the currency of settlements, as well as altering payment methods. Ignoring these aspects can lead to serious consequences.
In conclusion, effective management of sanctions risks requires a comprehensive approach that includes regular sanctions audits, continuous support from specialists, implementation of effective KYC and Due Diligence procedures, as well as regular analysis and revision of contractual frameworks. Only an integrated approach will minimize risks and ensure sustainable business development under increasing sanctions pressure.
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