EU Commission Responds to US Sanctions Policies Adopted in October 2026

The European Commission has issued statements addressing United States sanctions measures adopted in October 2026, expressing concern over their implications for international pressure on Russia and the continued operation of the International Criminal Court (ICC).

The statements concern a US executive order waiving sanctions and tariffs required under the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, and US sanctions against the ICC under Executive Order 14203. The Commission has indicated that it will continue to pursue its own sanctions policy while taking steps to protect European operators affected by US measures.

In its first statement, the Commission criticised the US decision to waive sanctions and tariffs required under the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026. It described the waiver as regrettable, stating that it weakens international pressure on Russia to end its war against Ukraine. The Commission reaffirmed that the European Union would continue to impose restrictive measures against Russia independently of the US decision.

The Commission also stated that work was underway to prepare a 22nd EU sanctions package. The proposed package is intended to target sectors and entities supporting Russia’s war against Ukraine. The statement highlights the continuing divergence between the EU and US approaches to sanctions policy: while the United States has adopted a waiver affecting measures under the 2026 legislation, the Commission has confirmed that its own sanctions framework remains in place and that further EU measures are being developed.

The second statement concerns the US designation of the ICC under Executive Order 14203. The Commission expressed concern that the sanctions could place the Court’s operations at risk and reaffirmed the EU’s support for the ICC and its role in investigating and prosecuting war crimes and crimes against humanity.

The Commission stated that it was prepared to take any necessary measures to protect EU operators that provide services to the ICC. The objective is to ensure that European businesses can continue to support the Court despite the US sanctions. The Commission also called on EU Member States to use diplomatic efforts to seek the reversal of the US measures during the six-month period before they become fully applicable, providing an opportunity for dialogue between the United States and the EU.

The statement follows the Commission’s 9 October 2026 position that the EU would work closely with the ICC to ensure that it continues to operate effectively. The Commission also emphasised the importance of protecting the interests of EU operators within the Single Market.

The statements underline the potential impact of conflicting sanctions policies on European businesses operating internationally. Companies providing services to the ICC may face questions regarding the interaction between US sanctions and their obligations under EU law. The Commission’s position is that EU operators should be able to continue providing the services necessary for the Court to carry out its mandate, while the EU pursues diplomatic efforts to address the US measures.

For sanctions compliance teams, the developments reinforce the need to assess applicable restrictions by jurisdiction and legal framework. Businesses with international operations may need to consider the consequences of US sanctions alongside EU restrictive measures, particularly where transactions involve counterparties, institutions or activities subject to different regulatory regimes.

The Commission’s statements do not themselves introduce new EU sanctions or amend existing restrictive measures. They set out the EU executive’s position on the US actions and its intention to pursue further diplomatic and protective measures. The Commission has confirmed that the EU will continue its sanctions policy against Russia and is preparing further measures, while also seeking to ensure that US sanctions against the ICC do not prevent European operators from supporting the Court’s work.

By fLEXI tEAM