On April 17, 2023, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published an Alert warning U.S. persons about possible evasion of the price cap set on Russian-origin oil (see Update of December 5, 2022) and Russian-origin petroleum products (see Update of February 8, 2023) pursuant to Executive Order 14071. In particular, the Alert forewarns U.S. persons of the “deceptive practices” given recent reports of trading above the oil/petroleum price caps through the Eastern Siberia Pacific Ocean (ESPO) pipeline and ports on Russia’s eastern coast, such as the port of Kozmino. The Alert reminds U.S. persons that they “are required to reject participating in an evasive transaction or a transaction that violates the price cap determinations, and to report such a transaction to OFAC.”

As reminded by the Alert, U.S. persons are not only prohibited from trading above the price caps, but also barred from providing certain services related to the maritime transport of crude oil and petroleum products from Russia (see Update of November 29, 2022).

OFAC’s Alert warns ship owners, protection and indemnity clubs, and flagging registries that, for example, evasion may be occurring due to the transmittal of incomplete or falsified documentation. Additionally, some tankers may be evading the price cap by manipulating their Automatic Identification Systems — a practice known as “spoofing” – to disguise the fact that such tankers have actually called at Russian ports situated alongside the Pacific Ocean. Spoofing may be used to hide illegal ship-to-ship transfers as well.

In addressing commodities brokers and oil traders, the Alert also notes that because certain costs—shipping costs, freight fees, customs charges, and insurance costs—are factored out of the price of Russian-origin oil or a petroleum product, bad actors may purposefully fail to itemize these charges separately, thereby evading the two price caps by presenting a sole invoice with just one sum total price. The Alert notes, “the failure to itemize these costs can be used to obfuscate the fact that Russian oil was purchased above the price cap.”

To safeguard against such evasion, the Alert advises U.S. persons to be mindful of the specified evasion strategies and to counteract such practices with “appropriate due diligence measures.” Failure to do so, the Alert suggests, may be grounds for denying the protection afforded by the price cap policy’s “safe harbor” provision (see Update of November 29, 2022).

As a reminder, the Alert—and the two price caps—do not remove the separate, ongoing prohibition on the importation of Russian petroleum and petroleum products into the United States that went into effect pursuant to Executive Order 14066 (see Update of March 9, 2022).

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Photo of Aaron C. Mandelbaum Aaron C. Mandelbaum

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade…

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade agreements, and customs classifications. Most recently, Aaron has counseled clients navigating requirements under the Export Administration Regulations.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.