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European Union adopts the 8th package of sanctions against Russia

DATE: October 15, 2022 | AUTHOR: AT

The EU Council Decision of 6 October 2022/1909 prohibits the provision of a number of legal services to Russian individuals (residents and citizens) by European lawyers (residents). The intention to introduce similar sanctions was announced earlier by the UK, but the text of the normative act has not been published yet.

According to the Decision of 06.10.2022, the following services are prohibited:

-Providing legal advice to clients on matters unrelated to dispute resolution, including commercial transactions, including the application and interpretation of the law;

-Participating with or on behalf of clients in commercial transactions, negotiations and other procedures with third parties;

-Preparing, drafting and reviewing legal documents.

Clarification of what is included in the last paragraph, which is broadly worded, has not yet been published.

These are still allowed:

-legal services related to representation in courts, arbitrations, and mediation, including representation, counseling, and document review;

-legal services related to representation before administrative agencies, including representation, counseling, and document review.

With respect to U.K. sanctions, according to a Sept. 30, 2022 press release, the ban will be imposed on legal assistance with respect to “support of certain commercial transactions.” The provision of legal services in litigation and arbitration is not expected to be affected by the sanctions. Detailed explanations of the bans are likely to be expected, as was the case with previous sanctions packages. Unlike the EU, Britain has not yet issued regulations; only a press release is available for review.

We are monitoring the changes and will keep you informed on developments.

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