[ncc-services-wg] Dutch Authorities Confirm Internet Number Resources Fall Within Sanctions Exemption

Dear colleagues,

Last week, we received confirmation from the Dutch authorities on a matter regarding the EU sanctions related to freezing or not making available economic resources to listed entities in Russia. They confirmed that Internet number resources fall within an exemption that was introduced in 2022, which excludes resources that are “strictly necessary for the provision of electronic communication services”. We are currently discussing internally the operational consequences of this confirmation and we will share more information once we are clear on how we will implement this.   

Background:
As an association under Dutch law, the RIPE NCC is in principle subject to Dutch and EU legislation, and the Dutch authorities are responsible for their enforcement. 
In general, EU sanctions regulations relate to:
Prohibiting specific products and services from being provided in a specific country. RIPE NCC services are not included in these regulations.
Financial restrictions, which consist of:
Freezing of funds and economic resources belonging to designated persons and entities; and
A prohibition on making funds and economic resources available to such persons and entities.

While country-based sanctions are not relevant to us, the financial restrictions (2.) are. This is because the registration of Internet number resources is considered an economic resource. Accordingly, we are prohibited from making new Internet number resources available to any sanctioned persons or entities. We are also required to freeze any resources they already have.

The EU exemption:
As part of its sixth package of Russian sanctions, the EU regulations introduced an exemption to the above mentioned financial restrictions. The exemption reads: 

“[Financial restrictions] shall not apply to funds or economic resources that are strictly necessary for the provision of electronic communication services by Union telecommunication operators, for the provision of associated facilities and services necessary for the operation, maintenance and security of such electronic communication services, in Russia, in Ukraine, in the Union, between Russia and the Union, and between Ukraine and the Union, and for data center services in the Union.”

Clarification by the Dutch authorities:
Following the introduction of this exemption in the EU regulation about Russian sanctions, the RIPE NCC requested clarification from the Dutch authorities on whether this exemption applies to Internet number resources. Last week we received an official confirmation from the Dutch authorities that the exemption applies indeed to Internet number resources.

Operational consequences:
We are now reviewing the operational consequences of this exemption and the relevant amendments that will be required to our current procedure. We will share more information about this once our review is finalised.

Kind regards,

Athina Fragkouli
Chief Legal Officer
RIPE NCC
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