As of 18 December 2023, it is strictly prohibited for any national of a Member State, natural person residing in a Member State, and legal person, entity, or body established in the Union to sell or transfer ownership of said tankers to any natural or legal person, entity, or body in Russia or for use in Russia. (EU Council Regulation 833/2014, article 3q).
From 19 December 2023, obligation to notify the Danish Maritime Authority of any sale of tankers to countries outside the EU.
It should be noted that the Danish Maritime Authority cannot provide specific advice to individual companies on how to comply with the sanctions. In this regard, the Danish Maritime Authority recommends that companies seek legal advice.
NOTIFICATION OBLIGATION
As of 19 December 2023, there is an obligation to notify the Danish Maritime Authority of any sale or other arrangement involving transfer of ownership of tankers (HS code ex 8901 20) to any third country.
The notification to the Danish Maritime Authority can be made here:
Registration
The notification must contain at least the following information: the identity of the seller and buyer, the tanker's IMO ship identification number and the tanker's call sign.
If relevant for making a decision on authorisation, the Danish Maritime Authority may request the seller's and buyer's founding documents, including shareholdings and management,
The Danish Maritime Authority will then assess the request and process it in accordance with Article 3q(3) of EU Council Regulation 833/2014.
For sales made between 5 December 2022 and before 19 December 2023, the sale must also be notified to the Danish Maritime Authority using the form.
If you have multiple sales to notify, there is an alternative to fulfill the notification obligation. Hereto you can find a ”Mail Form” available on this page, as a PDF file.
Find the PDF mail form here
After filling out the required information, you can send it to salgaftankskibe@dma.dk with the title “Notification of sale”
DEROGATION PROVIDING AUTHORISATION
It requires an authorisation from the Danish Maritime Authority to sell or otherwise transfer ownership of tankers to natural or legal persons, entities or bodies in Russia or for use in Russia.
The Danish Maritime Authority decides on the authorisation for sale based on article 3q, paragraph 3 of EU Council Regulation 833/2014.
It is the companies' own responsibility to comply with the sanctions in force at any given time. One way to ensure compliance with the prohibition on selling to natural and legal persons, entities or bodies in Russia or for use in Russia is to introduce explicit re-export prohibitions in contracts for the sale of oil tankers.
APPLICABLE LAW
(EU Council regulation 833/2014, Article 3q)
- It shall be prohibited for any national of a Member State, natural person residing in a Member State, and legal person, entity or body which is established in the Union to sell, or otherwise transfer ownership, directly or indirectly, of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex 8901 20, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.
- By way of derogation from paragraph 1, the competent authorities may authorise, under the conditions they deem appropriate, the sale or other transfer of ownership of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex 8901 20.
- When deciding on requests for the authorisation referred to in paragraph 2 of this Article, the competent authorities shall not grant an authorisation for a sale or other transfer of ownership to any natural or legal person, entity or body in Russia or for use in Russia, if they have reasonable grounds to believe that the tanker would be used to transport, or be re-exported to transport, crude oil or petroleum products listed in Annex XXV, originating in Russia or exported from Russia for import into the Union in breach of Article 3m or for transport to third countries at a purchase price per barrel exceeding the price laid down in Annex XXVIII.
- Any sale or other arrangement entailing a transfer of ownership by a national of a Member State, a natural person residing in a Member State, and a legal person, entity or body which is established in the Union to any third country of tankers for the transport of crude oil or petroleum products listed in Annex XXV, falling under HS code ex 8901 20, with the exception of a sale or other transfer of ownership prohibited under paragraph 1, shall be notified immediately to the competent authorities of the Member State where the owner of the tanker is a citizen, a resident or is established. The notification to the competent authority shall contain at least, the following information: the identities of the seller and the purchaser, and where applicable the incorporation documents of the seller and the purchaser including the shareholding and management; the IMO ship identification number of the tanker; and the Call Sign of the tanker.
- Any sale or other transfer of ownership of tankers as referred to in paragraphs 1 and 4 after 5 December 2022 and prior to 19 December 2023 shall be notified to the competent authorities before 20 February 2024.