Russia – Ukraine war has led to various sanctions imposed on Russian companies and citizens, as well as certain products coming from Russia, by the United Nations, the European Union, the United Kingdom, and the United States. In this context, we would like to briefly mention these sanctions.

1. EUROPEAN UNION SANCTIONS

As part of the Russia – Ukraine war, the European Union has taken certain measures that also affect international trade, and sanctions have been foreseen in case of violations of these measures. The commercial measures taken by the European Union are particularly important for port operations. The measures taken by the European Union and the latest sanctions foreseen in case of violations can be accessed through country-specific searches using the EU Sanction Map at https://www.sanctionsmap.eu/#/main?checked.

2. FLAG CONTROL

To avoid commercial sanctions, it is necessary to determine whether a ship has switched to a Russian flag. This “flag control” can be checked via the IMO Number of the ship through the EQUASIS system at https://www.equasis.org/EquasisWeb/restricted/ShipInfo?fs=Search.

3. OFAC (The Office of Foreign Assets Control) SANCTIONS

Commercial sanctions related to ports have not been limited to the European Union. The Office of Foreign Assets Control (OFAC), under the U.S. Department of the Treasury, also requires investigation into whether the ship coming to the port, its owner, and the owners of the cargo being carried are subject to sanctions. Information on these sanctions and details can be accessed at https://sanctionssearch.ofac.treas.gov/.

4. UNITED KINGDOM SANCTIONS

The United Kingdom has also imposed various sanctions. Restrictions have been placed on the crew and operators of ships entering UK ports. Officials who know or reasonably suspect that a ship is subject to sanctions are obligated to prevent the ship from entering the port. These sanctions will apply to ships owned by, controlled by, chartered by, or operated by individuals connected to Russia, as well as Russian-flagged ships and ships registered in Russia. Port entry orders for such ships will be given by the Secretary of State to the captain. The related regulation can be accessed at https://www.legislation.gov.uk/, and sanctions imposed by the UK can be checked at https://sanctionssearchapp.ofsi.hmtreasury.gov.uk/.

5. SANCTION CONTROLS

It is crucial to check sanctions for port services; however, there is no single, standardized rule for such checks. A separate sanction check must be made for each transaction (e.g., the ship that will dock, the cargo being unloaded). In this context, particular attention should be paid to the last three voyages of the ship (approximate number of voyages) and whether there has been a change of owner/operator since the war began.

6. CUSTOMER-BASED SANCTION CONTROL

Parallel to sanction checks, a risk-based sanction examination should be conducted for the cargo owners, cargo stakeholders, carriers, agents, and essentially all customers involved in the shipment arriving at the port. These evaluations should be done for both individuals and ships, as well as the cargo and cargo-related parties.
As part of this assessment, the name, surname, passport/ID numbers, email addresses, and photo ID copies of each person should be carefully examined.
Additionally, copies of export licenses, bills of lading showing the cargo’s origin and destination, and shipment documents should be requested in full.
Moreover, to the extent possible, it is encouraged that private sector maritime organizations review the details of the ship, cargo, origin, destination, and the parties involved in the voyage.
This is important because sanctions can be related not only to ship operators, owners, managers, and charterers but also to maritime transport and cargo transfer operations.

In this context, when conducting sanction checks, the following issues should be examined carefully:
• Ship’s name, IMO number, flag,
• Countries involved in trade and the origin and destination of the cargo,
• Ship’s owner/operator/charterer/manager details,
• Nature or type of cargo to be transported,
• Residence and identity of cargo shippers and receivers (end users),
• The operational center of the shipper and receiver,
• Identity and residence of the charterers and/or sub-charterers,
• Identity and residence of other parties involved in the transportation,
• Port(s) of loading and/or discharge, including terminal operators’ identities,
• Identity and operational center of any associated banks involved in credit guarantees for the cargo,
• The intended use of the cargo upon delivery.

7. PENALTIES FOR NON-COMPLIANCE WITH SANCTIONS

Ports operate under the laws and regulations set forth by government agencies and other regulatory bodies. Port operators engaged in activities contrary to these laws and regulations may face various sanctions, and ships may be detained by national authorities at the port.
Merchants found to be working with sanctioned or prohibited entities may face reputational damage, financial penalties, and the risk of asset seizures.
Regularly checking sanction lists for ships subject to sanctions will help prevent potential violations.

8. MEASURES TAKEN BY THE REPUBLIC OF TURKEY

To date, the Republic of Turkey has not announced any specific commercial sanctions. However, like every country with close and frequent political and commercial relations abroad, Turkey closely monitors all measures taken by the European Union and acts with due diligence in this regard.

9. NOTIFICATION OBLIGATION UNDER THE PORT REGULATIONS

Ports also have a notification obligation under the Port Regulations. Therefore, even if there is no clear legal sanction against providing services to a sanctioned ship, doing so may have adverse consequences.

In this context, for ships serviced at the port, sanction checks should be conducted in accordance with the above and reported to the relevant Port Authority. If instructed by the Port Authority, it may be appropriate to prevent the entry of the ship into the port.
Finally, although the Republic of Turkey has not imposed any sanctions, there is a risk that the European Union, the United States, and the United Nations may impose sanctions on the port involved, depending on the nature of the violated sanction and its detection.

If you would like more detailed information on this matter or if you require a sanction check for a specific transaction, you can contact us anytime via the contact numbers below.