Please note that the following text is an explicit component of our General Terms and Conditions:
Preamble: Article 12g of Council Regulation (EU) No 833/2014 requires the [importer/buyer] to ensure that no goods supplied under or in relation to this agreement are sold, exported or re-exported, directly or indirectly, to or for use in the Russian Federation. To ensure compliance with this provision, the following rules shall apply:
(1) Prohibition of sale and export: The [importer/purchaser] undertakes not to sell, export or re-export, directly or indirectly, any delivered items falling under the scope of Article 12g of Regulation (EU) No 833/2014 to or for use in the Russian Federation.
(2) Prevention of circumvention: The [importer/purchaser] undertakes to take all necessary and appropriate measures to ensure that paragraph (1) is not circumvented by third parties in the trade chain, including resellers or intermediaries. These include in particular:
- contractual clauses with downstream distributors that prohibit resale to the Russian Federation,
- conducting sanction screenings of business partners,
- documenting and tracking the supply chain.
(3) Implementation of a monitoring mechanism: The [importer/buyer] shall establish and maintain an appropriate monitoring mechanism to detect and prevent violations of paragraphs (1) or (2). This mechanism shall include at least:
- a risk analysis to identify potential violations,
- regular monitoring of business partners,
- a reporting requirement for suspicious activities.
(4) Sanctions and legal consequences of violations: Any violation of paragraphs (1), (2) or (3) constitutes a material violation of this agreement. In such a case, the [exporter/seller] is entitled to take appropriate legal action, in particular: (i) terminate this Agreement immediately; (ii) claim an indemnity, where permitted by applicable law, of up to 100% of the greater of the total value of the Agreement or the price of the affected Goods.
(5) Information and reporting requirements: The [importer/buyer] agrees to inform the [exporter/seller] immediately of any problems or suspicions regarding compliance with paragraphs (1), (2) or (3). In addition, the [importer/buyer] shall provide the [exporter/seller] with all relevant information regarding compliance with these obligations within two weeks of the [exporter/seller]'s request.
(6) Documentation and reporting requirements: The [importer/buyer] is obliged to properly document all measures taken to comply with these provisions and to keep this documentation for a period of at least [X] years. The [exporter/seller] has the right to carry out random checks or audits to verify compliance with the provisions.
