Sabine Naugès
Sabine Naugès counsels clients on all aspects of public law, including administrative and regulatory, competition and constitutional law. Among other high-profile clients, Sabine has advised telecommunications companies France Télécom and Orange on regulatory matters in cases before administrative and commercial courts, and before EU and French competition authorities. She also regularly represents major companies with interests in a wide range of industries, including aerospace, energy, oil and gas, and public health care, before the French government and in litigation, in a range of regulatory and administrative matters.
Navigating EU Sanctions: How Investment Funds and Corporates Can Meet the ‘Best Efforts’ Standard
By Raminta Dereskeviciute, Sabine Naugès, Renate Prinz, Michal Chajdukowski and Ludovica Rabitti on Nov 29, 2024
Posted In Foreign Investment, Sanctions & Export Control
With the introduction of the 14th sanctions package, entities established in the European Union are required to ‘undertake their best efforts to ensure’ that non-EU subsidiaries they own or control do not undermine EU Regulation 833/2014 imposing EU sanctions against Russia, or EU Regulation 765/2006 imposing EU sanctions against Belarus. This obligation stretches to EU...
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New US Sanctions Against Gazprombank and Several Russian Financial Institutions
By Sabine Naugès, Raminta Dereskeviciute and Michal Chajdukowski on Nov 25, 2024
Posted In Sanctions & Export Control, Energy
The US Treasury’s Office of Foreign Assets Control (OFAC) has implemented sanctions on additional Russian financial institutions, notably Russia’s Gazprombank and several foreign subsidiaries. These blocking sanctions prohibit US persons and entities from transacting with Gazprombank or its listed subsidiaries, as well as any entity owned 50% or more by Gazprombank or any other sanctioned...
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Understanding French Export and Re-Export Prohibitions: Ministry of Armed Forces Releases FAQ on Non Re-Exportation Certificates
By Sabine Naugès and Michal Chajdukowski on Nov 22, 2024
Posted In France, Sanctions & Export Control
On October 10, 2024, the French Ministry of Armed Forces released an FAQ relating to a Non-Re-Exportation Certificate (NRC), available in French here (FAQ). This document provides practical guidance to military companies exporting equipment covered by the prohibition on export or re-export to sanctioned countries. The FAQ complements the existing guidelines for completing certificates required...
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Quarterly Sanctions Update | Q3 2024
By Raminta Dereskeviciute, Sabine Naugès and Michal Chajdukowski on Oct 8, 2024
Posted In Sanctions & Export Control
Although the European Union and the United Kingdom did not introduce new sanctions against Russia over the summer, they extensively focused on the implementation of the existing measures and their enforcement. This week, however, a new package of sanctions aimed at tackling hybrid operations by the Russian government has been agreed upon, and is expected...
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EU Member States Implement Additional Measures to Regulate Export of Non-Listed Dual-Use Items
By Raminta Dereskeviciute, Sabine Naugès and Michal Chajdukowski on Oct 4, 2024
Posted In Sanctions & Export Control
Member States in the European Union have taken additional measures beyond Regulation (EU) 2021/821 to control exports of dual-use items. More than half have extended authorization requirements for non-listed dual-use items suspected of being intended for military “end-use.” Additionally, five Member States have imposed export authorization for cyber-surveillance items linked to internal repression and serious...
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BIOSECURE Act: US to Target Chinese Biotechnology Companies
By Sabine Naugès and Llewelyn Engel on Sep 26, 2024
Posted In Compliance, Foreign Investment
On September 9, the US House of Representatives passed H.R. 8333, known as the BIOSECURE Act, targeting WuXi AppTec, BGI, MGI, Complete Genomics, WuXi Biologics and Chinese biotechnology companies more broadly. Measures & Context If signed into law, the BIOSECURE Act would prohibit entities that receive US federal funding from doing business with foreign biotechnology...
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EU Court of Justice Upholds Confiscation of Proceeds from Brokering Services Relating to Russian Goods
By Sabine Naugès and Michal Chajdukowski on Sep 13, 2024
Posted In Sanctions & Export Control
Highlights In a recent ruling, the Court of Justice of the European Union (CJEU) upheld the legality of confiscating the proceeds from brokering services relating to military equipment manufactured in Russia and sold from Ukraine to India, without entering the European Union. This decision highlights the increasingly broad reach of EU sanctions and the EU’s...
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Would the Transfer of a Sanctioned Entity’s Shares to a Trust be Effective Enough to Ensure an EU Company’s Shares are No Longer Under the Control of, or Related to, a Sanctioned Shareholder?
By Sabine Naugès and Fabio Cozzi on Sep 5, 2024
Posted In Sanctions & Export Control
Given the depth of the Russian sanctions, some EU companies that are directly or indirectly owned by sanctioned entities have considered transferring the company’s shares to a trust. This divestment mechanism allows for a temporary transfer of ownership, with the trust assets isolated in an autonomous entity, separate from the settlor’s own assets. The overall...
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Quarterly Sanctions Update | Q2 2024
By Sabine Naugès, Raminta Dereskeviciute and Michal Chajdukowski on Jul 8, 2024
Posted In Sanctions & Export Control
On June 24, 2024, the European Union adopted its 14th sanctions package. While the focus of this package was to curb the violation and circumvention of sanctions through the introduction of due diligence obligations for non-EU subsidiaries, or the expansion of “no re-export to Russia” clause requirement, ample other amendments were also introduced, such as...
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Export Controls in the Aeronautics, Space and Defense Sector | Conference Key Takeaways
By Sabine Naugès on Jun 20, 2024
Posted In Sanctions & Export Control, Transport & Logistics
Export control in the aerospace and defense (ASD) sector is a critical and complex issue. At the European level, one of the main standards for export control in the ASD sector is the regulation governing dual-use goods. However, within the European Union, regulations can vary significantly between Member States. This regulatory landscape indicates the necessity...
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