{"id":3529,"date":"2025-05-29T12:53:00","date_gmt":"2025-05-29T11:53:00","guid":{"rendered":"https:\/\/www.ra-moellenhoff.de\/?p=3529"},"modified":"2026-09-03T12:56:54","modified_gmt":"2026-09-03T11:56:54","slug":"preventing-circumvention-in-deliveries-to-turkey-switzerland-and-india","status":"publish","type":"post","link":"https:\/\/www.ra-moellenhoff.de\/en\/foreign-trade\/preventing-circumvention-in-deliveries-to-turkey-switzerland-and-india","title":{"rendered":"Preventing Circumvention in Deliveries to Turkey, Switzerland, and&nbsp;India"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">At the spring conference of <strong><a href=\"https:\/\/consulegis.com\/\" data-type=\"link\" data-id=\"https:\/\/consulegis.com\/\" target=\"_blank\" rel=\"noopener noreferrer nofollow\">Consulegis<\/a><\/strong>, our international network of commercial lawyers, an opportunity arose to discuss potential circumvention-prevention strategies with Martin H\u00fctte (H\u00fctte Law, Zug), Cengiz Soylemezoglu (UnitedKS Law Firm, Istanbul), and Haseet Bathiya (Bathiya Legal, Mumbai, India). All three unanimously emphasised that, under the civil law of each of their respective jurisdictions, end-use agreements relating to goods are permissible and by no means unusual. Even in India, EU companies&#8217; need to implement appropriate measures and controls to prevent goods from being diverted to Russia is well understood. It is even not unusual there to agree on controls, for example carried out by separately appointed auditors, in order to monitor compliance with such end-use clauses.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It was also fascinating to learn that Turkey has, in the meantime, begun to align itself with the sanctions imposed against Russia. Cengiz Soylemezoglu was able to report that, in particular since May 2025, exports from Turkey to Russia have been significantly restricted, with only exports of foodstuffs, textiles, and pharmaceuticals still permitted. This has not been publicly communicated by Turkey in this form, but it does correspond to reports appearing in the international daily press. It also matches reports we have received from market participants. This is certainly not a fully representative picture and, as far as we can tell, cannot be traced back to any legislative change, but it is likely to be particularly helpful when negotiating circumvention-prevention measures such as contractual clauses and post-shipment controls. According to Cengiz Soylemezoglu, such measures are not unusual. Contractual penalties, of the kind suggested by the EU in its FAQs, are also quite conceivable, although Cengiz Soylemezoglu recommends subjecting such agreements to Turkish law.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Switzerland, too, is making considerable efforts to comply with the internationally agreed sanctions. There is broad acceptance of EU rules there, at least among the larger companies. There is a clear awareness that German companies, and German nationals, remain bound by EU law even outside the EU.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">We would be glad to assist you with corresponding agreements, including, where helpful, with the involvement of local colleagues.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">By <strong><a href=\"https:\/\/www.ra-moellenhoff.de\/en\/lawyers\/dr-jur-ulrich-m-moellenhoff\" data-type=\"page\" data-id=\"933\">Dr. Ulrich M\u00f6llenhoff<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>At the spring conference of Consulegis, our international network of commercial lawyers, an opportunity arose to discuss potential circumvention-prevention strategies with Martin H\u00fctte&#8230;<\/p>\n","protected":false},"author":6,"featured_media":2999,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ghostkit_customizer_options":"","ghostkit_custom_css":"","ghostkit_custom_js_head":"","ghostkit_custom_js_foot":"","ghostkit_typography":"","_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[21],"tags":[],"class_list":["type-post","entry","has-post-thumbnail","last-post"],"_links":{"self":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts\/3529","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/comments?post=3529"}],"version-history":[{"count":1,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts\/3529\/revisions"}],"predecessor-version":[{"id":3530,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/posts\/3529\/revisions\/3530"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/media\/2999"}],"wp:attachment":[{"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/media?parent=3529"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/categories?post=3529"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ra-moellenhoff.de\/en\/wp-json\/wp\/v2\/tags?post=3529"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}