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The Russia sanctions as a human rights instrument: Violations of export controls regarding war critical goods to Russia
The Norwegian Helsinki Committee highlights the importance of sanctions as a human rights instrument against Russia's military actions in Ukraine, emphasizing how these sanctions impact Russia's access to critical technology. There is an examination of compliance and monitoring challenges, along with an overview of war-relevant goods supplied to Russia and the decline in western exports since late 2022. Recommendations for improving sanctions enforcement and legislation, including criminalization of negligent violations and increasing transparency, are also provided.
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The Russia sanctions as a human rights instrument: Violations of export controls regarding war critical goods to Russia
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- 2. Norwegian Helsinki Committee The Russia sanctionsas a human rights instrument: Violations of export controls regarding war-critical goods to Russia Stockholm School of Economics, 5 December 2023
- 3. Norwegian Helsinki Committee The Russia sanctionsas a human rights instrument: Violations of export controls regarding war-relevant goods to Russia Oleksandra Matvichuk, Head of the Centre for Civil Liberties, awarded the Nobel Peace Prize in 2022 • “Sanctions are a key front in the ongoing war. The support Ukraine gets to fight for its freedom is important. But it is also important what Russia doesn’t get, as its military industry and armed forces remain dependent on Western technology … The Russia sanctions are at the bottom a human rights instrument, intended to defend international law. …”.
- 4. Norwegian Helsinki Committee Monitoring Sanction Compliance usingOSINT Choose "Header and footer" under the "Insert"-tab to change this text • The Report: A joint effort by NHC, Corisk, Wikborg Rein and Rud Pedersen • Method, limitations • Aim • Advocacy levels
- 5. Norwegian Helsinki Committee Sanctions as ahuman rights instrument: Implications Choose "Header and footer" under the "Insert"-tab to change this text • Russia’s attack on Ukraine: Breakdown of international protection system • Tranformative character of human rights (Magnitsky type) sanctions • Russia sanctions, in essence, a human rights instrument • Implications for stakeholders
- 6. Norwegian Helsinki Committee Some jurisdictions withMagnitsky-legislation: - The US (2012 and 2016) - Estonia (2016) - Canada (2017) - The UK (2017/2018) - Gibraltar (2018) - Latvia (2018) - Jersey (2018/2019) - Kosovo (2020) - The EU (2020) - Lithuania (2017) - Norway (2021) - Australia (2021) - The Czech Republic (2022)
- 7. Norwegian Helsinki Committee 7 Western exports toRussia’s neighbours are excessive since June 2022 Data: National trade statistics retrieved monthly from UN ComTrade, national statistics offices, and central bank of Belgium. Customs authorities of China, Japan, USA, Russia, Kazakhstan.<
- 8. Norwegian Helsinki Committee 8 But total Westernexports to Russia have declined since November 2022 Data: National trade statistics retrieved monthly from UN ComTrade, national statistics offices, and central bank of Belgium. Customs authorities of China, Japan, USA, Russia, Kazakhstan. Adjustments: September data have been set to recent levels for Austria, Hungary, Italy, Korea, Spain, and Sweden.
- 9. Norwegian Helsinki Committee 9 Germany is behind20 % of Western indirect exports to Russia* Data: National trade statistics retrieved monthly from UN ComTrade, national statistics offices, and central bank of Belgium. Customs authorities of China, Japan, USA, Russia, Kazakhstan. Western shares of Turkey channeling has calibrated to match Turkey exports to Russia (UN ComTrade) minus Turkey origin exports (Russia Customs). * Germany’s share weighed down to allow for later inclusion of Western shadow exports from Taiwan, Australia, New Zealand, Switzerland, and 9 smaller EU countries.
- 10. Norwegian Helsinki Committee 10 Kazakhstan channels 40% of Western indirect exports to Russia* Data: National trade statistics retrieved monthly from UN ComTrade, national statistics offices, and central bank of Belgium. Customs authorities of China, Japan, USA, Russia, Kazakhstan. Turkey channeling of Western goods is calibrated as total Turkey exports to Russia (UN ComTrade), minus Turkey origin exports (Russia Customs). * Kazakhstan’s share weighed down to allow for later inclusion of Western shadow exports via United Arab Emirates, Taiwan, Philippines, Thailand, Malaysia, etc.
- 11. Norwegian Helsinki Committee Digital components 11 Examples of 10war-critical goods that are being supplied to Russia Ball bearings Lubricating oils, engine oils Paints (anti-corrosion) Drones Polyamides (materials) Trucks 1 2 3 6 8 9 Source: Corisk 10 Communication Optics 7 Avionics 5 Navigation 4
- 12. Norwegian Helsinki Committee 12 Supplies of 27out of 40 Critical List goods, plus 6 other war-critical goods 8806 8456 8704 8716 3208 3209 3403 3098 Drones Special machines (CNC, laser, photon) Trucks, trailers Paints Special oils Polyamides List of Common High Priority Items (Version of September 2023)
- 13. Norwegian Helsinki Committee 13 Total supplies ofwar-relevant goods have declined since December 2022 Trucks
- 14. Norwegian Helsinki Committee 14 China increase exportof war-relevant goods, Western states slowly decrease China Europe
- 15. Norwegian Helsinki Committee 15 Are Western suppliesof war-relevant goods finally declining? China Europe
- 16. Norwegian Helsinki Committee Choose "Header andfooter" under the "Insert"-tab to change this text
- 17. Norwegian Helsinki Committee Choose "Header andfooter" under the "Insert"-tab to change this text
- 18. Norwegian Helsinki Committee EU Enforcement in legislationand practice Choose "Header and footer" under the "Insert"-tab to change this text • Best practice in the AC: UK • Key enforcement tool: Negligence provision • Proposed EU Directive «on the definition of criminal offences and penalties for the violation of Union restrictive measures» • 12th sanctions package
- 19. Norwegian Helsinki Committee Recommendations SSE, 5 December,AAB • EU should criminalize violations of sanctions when committed with negligence • Close the Belarus gap (trucks, SUVs) • Plugging the EU hole • Remove the intermediaries • Create incentives • Extend export licensing regimes • Update laws and tools • Increase transparency
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