Sanctions risk and parallel imports

For a sanctions-sensitive transaction, risk should be assessed before the contract is signed, not only after a payment is stopped. Relevant factors may include the jurisdictions in the supply chain, the parties and their ownership, export-control status of the goods, the banks and currencies used, the intended end use and any unusual intermediaries or routes. The appropriate controls depend on the regimes actually engaged. They may include current-list screening, export-control analysis, sanctions clauses, lawful alternative payment or logistics arrangements and monitoring during performance. Banks, insurers and carriers may apply their own risk policies in addition to legal restrictions. No screening method or transaction structure guarantees that a payment or shipment will be accepted. The cost of pre-transaction compliance should therefore be weighed against the commercial consequences of a blocked payment, rejected shipment or contract disruption.

Sanctions exposure is transaction-specific and usually has several layers. Review the goods and relevant export controls; counterparties, owners and controllers under the ownership and control rules of each applicable regime; transit countries and carriers; banks, currencies and correspondent routes; contract terms; and end use. Do not assume that a US-dollar payment, a US-origin component or another single connection automatically subjects the whole transaction to every US sanctions rule. The jurisdictional basis and restriction must be identified. Under OFAC's 50 Percent Rule, an entity may be treated as blocked when blocked persons own, directly or indirectly, 50% or more in the aggregate; mere affiliation is not enough. EU, UK and other regimes use different ownership and control tests. Commercial screening databases can assist with due diligence, but official sanctions lists, regulations and regulator guidance remain the primary legal sources. The analysis should be documented as of a specific date and refreshed when performance extends over time.

Review the transaction documents layer by layer. Calls from management do not replace the bank’s compliance process. Start with who pays whom and whether any participant is subject to sanctions; what the goods are, whether restrictions or permits apply; the legal and commercial logic of the parties, jurisdictions and banks; whether the amount matches the invoice, contract and earlier payments; and whether the payment purpose matches the transaction documents. Possible outcomes include a coherent file that needs a clearer explanation to the bank; a documentary inconsistency that can be corrected with missing records or a revised submission; or a fundamental issue, such as sanctions exposure or an unsupported source of funds, requiring the transaction structure to be reconsidered. As a practical matter, do not try to pressure the bank or split a payment merely to avoid review. Respond to a lawful compliance request with complete, consistent information rather than refusing the request or submitting a partial account of the transaction. The practical point is to respond promptly and consistently, because delay may affect the supplier relationship, storage costs and the bank’s review.