License renewal

Russia Sanctions Update: General Intellectual Property License and Prohibition on Providing Certain Services | Wilson Sonsini Goodrich & Rosati

The new general license allows certain
Russia-Related Intellectual Property Transactions

Last week, the Office of Foreign Assets Controls (OFAC) issued four new blanket licenses, including Blanket License 31, which authorizes certain transactions related to patents, trademarks and copyrights. General License 31 permits transactions previously prohibited by Russian OFAC sanctions regulations in connection with patents, trademarks, copyrights, or any other form of intellectual property protection in the United States or Russian Federation. More specifically, it allows:

  1. filing and pursuing any application for a patent, trademark, copyright or any other form of intellectual property protection;
  2. receipt of any patent, trademark, copyright or other form of intellectual property protection;
  3. the renewal or maintenance of any patent, trademark, copyright or other form of intellectual property protection; and
  4. the filing and prosecution of any opposition or infringement proceedings with respect to a patent, trademark, copyright or other form of intellectual property protection, or introduction of a defense in such proceedings.

For more information or if you have any questions, please contact a member of National Security or Wilson Sonsini Patent and Innovation Practices.

OFAC clarifies ban against Russia
Accounting, management consulting, etc.

Following the new investment ban issued by President Biden’s Executive Order 14071 discussed here and the May 8, 2022 decision made under EO 14024, OFAC clarified today in FAQ 1038 that it prohibits the provision of certain services in the areas of accounting, trusts and businesses. training and management consultancy sectors to anyone located in the Russian Federation. Specifically, this prohibition covers activities related to products and services in or involving the Russian Federation in the following areas:

  • “Accounting sector” – includes the measurement, processing and transfer of financial data on economic entities.
  • “Trust and Business Development Services Sector” includes assisting individuals in the formation or structuring of legal persons, such as trusts and corporations; act or cause another person to act as directors, secretaries, administrative trustees, fiduciary trustees, registered agents or registered shareholders of legal persons; provide a registered office, a business address, a mailing address or an administrative address for legal persons; and the provision of administrative services for trusts.
  • “Management consulting sector”: includes strategic consulting; organizational and system planning, assessment and selection; marketing objectives and policies; mergers, acquisitions and organizational structure; staff augmentation and human resource policies and practices; and brand management.

The determination for these sectors under EO 14024 is effective immediately and prohibits the export, re-export, sale or supply, directly or indirectly, from the United States, or by a United States person, where whether located, accounting, trustee and business formation or management consulting services to anyone located in the Russian Federation. For entities affected by these restrictions, it will be essential to immediately cease the affected activities and ensure that future business activities with Russia do not involve these sectors.