自今年二月底俄乌冲突爆发至今，欧美国家与俄罗斯之间上演了一轮轮的制裁与反制裁，涉及金融、贸易、能源等多个领域。中国律所的俄罗斯分所表示，目前的形势对他们的工作开展没有产生太大的影响，相较俄乌冲突之前，他们的工作量不减反增。

“我们目前比较明显的一个感觉就是增加了很多中资企业的咨询，希望了解到俄罗斯进行贸易投资的相关法律和注意事项；另一方面也增加了不少俄罗斯企业针对中国法律的咨询，想到中国来进行市场开拓，以弥补或增加在制裁和反制裁过程中缺失的平台。” 德和衡律师事务所莫斯科分所首席合伙人兼主任原毅律师说。

这家设立于2015年的分所主要服务于对俄投资和贸易的中资企业，同时也担任中国驻俄罗斯大使馆以及众多中资企业涉俄项目的法律顾问。对于欧美国家采取的制裁措施，原律师表示，无论是其力度，还是其影响之广、之深，都是“前所未有的”。

“如果说（俄乌冲突）之前对俄罗斯的制裁更多的是起到震慑作用，那么此次的制裁就是带有进攻的态势了。”原律师说。

另一边，俄方也积极采取反制裁措施，以应对欧美国家发起的多轮制裁。此番“拉锯战”下，原律师观察到，俄欧、俄美，以及其他参与制裁、被俄罗斯列入非友好国家与俄之间经贸投资出现空白，亟需填补。

这为中国企业带来更多的选择和机遇，但不少律师指出，制裁与反制裁都会对投资和其他经贸活动带来风险。考虑到中美关系等诸多不确定因素，这一空缺是“蛋糕”还是“烫手的山芋”尚未可知。原律师建议中国企业紧密关注不断更新的欧美制裁以及俄罗斯的反制裁措施，从而保障企业在资金、物流、结算等方面的交易安全。

她还补充道：“针对涉俄的贸易企业，建议大家对于国际贸易合同从起草、签订到执行，都要在各个环节上做好相应的风险把控和应急处置措施，最大程度维护自身利益。对于计划来俄罗斯进行投资，包括实体建厂的企业，对于外资投资的限制和规定，对于行业的许可和要求等本地化的各项要求，就需要有更加深入的了解。”

As Ukraine war brings Russia closer to China, law firms see opportunities

Chinese law firms’ Russia offices are experiencing an increase in work amid rounds of sanctions and countersanctions between the U.S., EU and Russia as a result of the Ukraine war, lawyers based in Moscow tell ALB.

“One of the most significant changes is that there is increased consulting from Chinese companies, which hope to know laws related to trade and investment in Russia. On the other hand, Russian companies are also consulting us about Chinese laws as they hope to expand their market in China to offset or compensate what they have lost during the rounds of sanctions and countersanctions,” says Yuan Yi, the chief partner and director of Moscow branch of Beijing DHH Law Firm.

Established in 2015, DHH Moscow mainly advises Chinese companies engaged in investment, trade, and other projects in Russia, as well as the Chinese embassy in that country. As the West continues to pile multiple rounds of sanctions on Russia, Yuan describes their impact as “never seen before.”

“If the sanctions on Russia before the war were just to show deterrence, the current ones have an offensive tone,” Yuan says.

Russia is also actively implementing countersanctions measures. As the rhetoric heats up, and sanctions take their toll, Yuan notes that commercial activities between Russia and “unfriendly” sanctioning governments, like those in the EU, U.S., and other countries, have come to a halt.

An alternative partner is urgently needed by Russia to fill the gaps, and that partner is most likely China. After all, China has been Russia’s No.1 trade partner for 12 consecutive years, according to the People’s Daily, an official newspaper of China. And this means opportunities for Chinese companies.

However, the Chinese government is pressing companies to tread carefully when it comes to investments in Russia. Lawyers agree, pointing out that sanctions and countersanctions may bring risks to investments and other commercial activities. Therefore, DHH Moscow’s advice is that Chinese companies should pay close attention to the constantly updated measures from both sides, so as to ensure the security of their transactions in capital, logistics, settlement, and other aspects.

“For companies already trading in Russia, it is suggested that they should take appropriate risk control and emergency measures in all processes including drafting, signing and implementation of international trade contracts, so as to protect their interests to maximum,” says Yuan. “For companies with plans to invest in Russia, including those planning to build factory entities, they need to have a more in-depth understanding of the restrictions and regulations on foreign investment, as well as local requirements for different industries.”