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OFAC offers more guidance on price caps for Russian petroleum
On February 3, the U.S. Treasury Department’s Office of Foreign Assets Control published additional guidance on the implementation of the price cap policy for crude oil and petroleum products of Russian Federation origin. As previously covered by InfoBytes, last November, OFAC published a Determination Pursuant to Executive Order (E.O.) 14071 stating that the prohibitions of E.O. 14071 apply to U.S. persons providing covered services (including (i) trading/commodities brokering; (ii) financing; (iii) shipping; (iv) insurance, including reinsurance and protection and indemnity; (v) flagging; and (vi) customs brokering) as they relate to the maritime transport of Russian Federation crude oil, provided, however, that such covered services are authorized if the Russian oil is purchased at or below the price cap.
The new determination—published pursuant to section 1(a)(ii), 1(b), and 5 of E.O. 14071—establishes that, effective February 5, the price cap on discount to crude petroleum products of Russian Federation origin will be $45 per barrel, and the price cap on premium to crude petroleum products of Russian Federation origin will be $ 100 per barrel. OFAC also published another determination, which outlines prohibitions on certain categories of services as they relate to the maritime transportation of petroleum products of Russian Federation origin, including trading/commodities brokering, financing, shipping, insurance, flagging, and customs brokering. Specifically, unless authorized by law or licensed or otherwise authorized by OFAC, “the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any of the Covered Services to any person located in the Russian Federation” are prohibited. These determinations do not authorize transactions otherwise prohibited by the Russian Harmful Foreign Activities Sanctions Regulations.
In conjunction with these determinations, OFAC also published additional guidance, as well as Russia-related General Licenses 56A and 57A.
Secretary of the Treasury Janet Yellen applauded the G7’s price cap announcement, stating that the agreement helps limit Russia’s key revenue generator for funding its war against Ukraine, while promoting stable global energy markets.
OFAC issues preliminary guidance on price cap policy implementation
On December 30, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced preliminary guidance on the implementation of the price cap policy for petroleum products of Russian Federation origin. As previously covered by InfoBytes, in November, OFAC published a Determination Pursuant to Executive Order (E.O.) 14071 stating that the prohibitions of E.O. 14071 apply to U.S. persons providing covered services (including (i) trading/commodities brokering; (ii) financing; (iii) shipping; (iv) insurance, including reinsurance and protection and indemnity; (v) flagging; and (vi) customs brokering) as they relate to the maritime transport of Russian Federation crude oil, provided, however, that such covered services are authorized if the Russian oil is purchased at or below the price cap. OFAC also published guidance on the implementation of a policy for crude oil of Russian Federation origin to provide an overview of the determination and the price cap. OFAC noted that it anticipates publishing final, combined guidance for both Russian oil and Russian petroleum products before February 5.
Treasury announces price cap on Russian crude oil
On December 2, the U.S. Treasury Department announced an agreement entered into by the 27 member states of the European Union and the members of the G7 (collectively, the “Price Cap Coalition”), which adopts a price cap on seaborne Russian crude oil in an effort to restrict Russian revenue streams for its war in Ukraine. According to the announcement, beginning next week, the Price Cap Coalition will impose a ban on a range of services, including maritime insurance and trade finance, related to the maritime transport of Russian crude oil unless purchasers buy the oil at or below the $60/barrel cap. Starting February 5, 2023, this ban will also extend to the maritime transport of Russian-origin petroleum products unless they are sold at or below a yet-to-be-announced price cap. As previously covered by InfoBytes, last month OFAC published guidance on the price cap policy for Russian crude oil. According to Treasury’s announcement, the guidance clarifies that the price cap policy’s “‘safe harbor’ for service providers through the recordkeeping and attestation process is designed to shield such service providers from strict liability for breach of sanctions in cases where service providers inadvertently deal in the purchase of Russian oil sold above the price cap owing to falsified or erroneous records provided by those who act in bad faith or make material misrepresentations.” OFAC also published a Determination Pursuant to Executive Order 14071 officially announcing the price cap on December 5.
OFAC issues guidance on the Russian price cap policy for crude oil; issues Russia-related general licenses
On November 22, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) published a Determination Pursuant to Executive Order (E.O.) 14071 concerning the implementation of a price cap policy for crude oil of Russian Federation origin. The determination states that the prohibitions of E.O. 14071 apply to U.S. persons providing covered services (including (i) trading/commodities brokering; (ii) financing; (iii) shipping; (iv) insurance, including reinsurance and protection and indemnity; (v) flagging; and (vi) customs brokering) as they relate to the maritime transport of Russian Federation crude oil, provided, however, that such covered services are authorized if the Russian oil is purchased at or below the price cap. Additionally, OFAC published guidance on the implementation of a policy for crude oil of Russian Federation origin to provide an overview of the determination and the price cap. OFAC also issued Russia-related General License (GL) 55, GL 56, and GL 57. GL 55 authorizes certain services related to Sakhalin-2; GL 56 authorizes certain services with respect to the European Union; and GL 57 authorizes certain services related to vessel emergencies.
OFAC clarifies guidance on Russian oil price cap
On October 31, the U.S. Treasury Department’s Office of Foreign Assets Control published Russia-related frequently asked question 1094, to clarify when Russian Federation origin crude oil will be subject to a price cap announced earlier in September. As previously covered by InfoBytes, Treasury recently issued preliminary guidance on implementing a maritime services policy and related price exception for seaborne Russian oil, which is intended to establish a framework for Russian oil to be exported by sea under a capped price, as well as a ban on services for any shipments of seaborne Russian oil above the capped price. The policy, which relates to a broad range of services in connection with the maritime transportation of Russian Federation origin crude oil and petroleum products, will become effective December 5, 2022, for the maritime transportation of crude oil and on February 5, 2023, for the maritime transportation of petroleum products.
Treasury issues guidance on Russian oil sales cap
On September 9, the U.S. Treasury Department announced preliminary guidance on implementing a maritime services policy and related price exception for seaborne Russian oil. As previously covered by InfoBytes, OFAC recently announced that it planned to publish preliminary guidance on implementing the price cap to provide a high-level overview of the directive, including how U.S. persons can comply in advance of formal guidance and legal implementation. According to the preliminary guidance, the policy is intended to establish a framework for Russian oil to be exported by sea under a capped price, and establish a ban on services for any shipments of seaborne Russian oil above the capped price. Objectives of the guidance include: (i) maintaining a reliable supply of seaborne Russian oil to the global market; (ii) reducing upward pressure on energy prices; and (iii) reducing the revenues the Russian Federation earns from oil after its own war of choice in Ukraine has inflated global energy prices. The policy contains an exception, which applies to “jurisdictions or actors that purchase seaborne Russian oil at or below a price cap to be established by the coalition (the “price exception”).” The policy, which relates to a broad range of services in connection with the maritime transportation of Russian Federation origin crude oil and petroleum products, will become effective December 5, 2022 for the maritime transportation of crude oil and on February 5, 2023 for the maritime transportation of petroleum products.
Treasury caps Russian oil sales; OFAC guidance coming soon
On September 2, the U.S. Treasury Department announced that G7 Finance Ministers confirmed their joint intention to implement a price cap on Russian-origin crude oil and petroleum products. According to the statement, G7 countries, along with other allies and partners, “plan to prohibit the provision of services that enable maritime transportation of such oil and products unless purchased at or below a price level determined by the coalition of countries adhering to and implementing the price cap.” Secretary of the Treasury Janet L. Yellen issued a statement commending the action. She noted that the price cap will “help deliver a major blow for Russian finances and will both hinder Russia’s ability to fight its unprovoked war in Ukraine and hasten the deterioration of the Russian economy,” while also maintaining supplies to global energy markets by keeping Russian oil flowing at lower prices.
In conjunction with the announcement, OFAC said it plans to publish preliminary guidance on implementing the price cap later this month. The guidance will provide a high-level overview of the mechanism, including how U.S. persons can comply in advance of formal guidance and legal implementation which will be issued at a later date.
Treasury releases fact sheet on providing food and humanitarian support to persons impacted by Russian invasion of Ukraine
On April 19, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) issued a Fact Sheet for “Preserving Agricultural Trade, Access to Communication, and Other Support to Those Impacted by Russia’s War Against Ukraine” following an event on the topic held by OFAC. The Fact Sheet, among other things, highlights Treasury’s humanitarian-related or other general licenses (GL) issued to support of the people impacted by Russia’s war related to: (i) telecommunications and internet-based communications; (ii) Covid-19 and clinical trials; (iii) NGO activities; (iv) personal remittances; (v) personal maintenance of U.S. individuals; (vi) emergency medical services; (vii) government and international organization official business; (viii) overflight payments, emergency landings, and air ambulance services; (ix) civil maritime services in the Donetsk and Luhansk regions; and (x) journalistic activities.
The same day, OFAC issued a new Russia-related GL 27, “Certain Transactions in Support of Nongovernmental Organizations’ Activities,” to authorize transactions related to certain activities of NGOs in Russia and Ukraine.
OFAC issues Ukraine general license and Russian FAQ
On March 18, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) issued General License (GL) 24, Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to Continued Russian Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine, which authorizes certain transactions related to the provision of maritime services, provided such services are performed outside the covered regions and services are not performed on behalf of any entity located in, or organized under the laws of, the covered regions. The GL does not authorize “[a]ny new investment in the Covered Regions prohibited by E.O. 14065, unless separately authorized,” or “[a]ny transactions involving any person blocked pursuant to E.O. 14065, unless separately authorized.” OFAC also amended one Frequently Asked Question clarifying that Executive Order 14066 does not prohibit dealing in Kazakh-origin crude oil of the Caspian Pipeline Consortium.
Find continuing InfoBytes coverage on the U.S. sanctions response to Russia’s invasion of Ukraine here.
OFAC sanctions Columbian drug trafficker
On September 16, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions pursuant to the Foreign Narcotics Kingpin Designation Act against a leader of a Columbia-based international drug trafficking organization. OFAC noted that the designated individual “strategically located maritime corridors in northern Colombia and collects a per kilogram tax from narcotics traffickers for protection and safe passage of multi-ton shipments of narcotics through the [organization’s] area of control.” OFAC also designated three individuals and two entities closely related to the organization’s leader for providing material support to the narcotics trafficking activities. As a result of the sanctions, all property and interests in property belonging to the sanctioned individual subject to U.S. jurisdiction are blocked and must be reported to OFAC. U.S. persons are also generally prohibited from engaging in any dealings involving the property or interests in property of blocked or designated persons.