Week of 28 September to 4 October 2026
Legislative, regulatory and case-law review
Sanctions: new European and US designations
On 28 September 2026, the Council of the European Union adopted two separate sets of measures. The first (Decision (CFSP) 2026/2192 and Regulation (EU) 2026/2193, human rights regime) targets ten persons, judges and a member of the prosecutor general’s office, for their role in excluding the Yabloko party from the Duma elections. The second (Decision (CFSP) 2026/2185 and Regulation (EU) 2026/2184, amending Regulation No 269/2014) lists ten further individuals and seventeen entities over the forced deportation of Ukrainian children to Russia.
On the US side, OFAC announced on 29 September, under « Operation Economic Outcast », the designation of nearly fifty targets linked to the « Los Mayos » faction of the Sinaloa cartel and to the Iranian military procurement network Kavoshcom Asia R&D Group. The next day, the Treasury targeted the financial network of Tren de Aragua after funds were diverted from US banks, while removing four entries from the Belarus, narcotics and Libya lists.
What it means for businesses: rescreen counterparties linked to Russia, Iran or Mexico without delay; freezes under Regulation (EU) No 269/2014 entail an immediate prohibition, including an indirect one, on making funds available.
US tariffs: the pharmaceutical tariff takes effect
Under Presidential Proclamation 11020 of 2 April 2026 (Section 232 of the Trade Expansion Act), the 100% tariff on patented pharmaceutical products and their active ingredients became generally applicable on 29 September 2026. Certain specialised products (orphan drugs, radiopharmaceuticals, cell and gene therapies) are exempt, as are imports from jurisdictions bound to the United States by a framework trade and security agreement, the European Union among them. The challenge to the 10 to 12.5% Section 301 surcharge on forced-labour grounds (Burlap and Barrel v. Greer) is still pending before the Court of International Trade, with no ruling this week, as is the appeal on Section 122 before the Federal Circuit.
What it means for businesses: check eligibility for the EU-US exemption for patented pharmaceutical products, and keep provisioning Section 301 duties with a view to a possible refund.
EU case law: up-to-date evidence required at every sanctions renewal
In a judgment of 30 September 2026 (Avetisyan v Council, T-323/25), the General Court annulled two successive 2025 renewals of the listing of a Russian-Armenian businessman under the Ukraine-related regime, as the Council had rolled over a 2024 evidence file without taking into account his resignation, documented as early as October 2024. The judgment follows the line set on 16 September: the burden of proving a current ground lies on the Council at every six-monthly review. The initial listing and the March 2026 renewal nevertheless remain in force.
Trade agreements: the Court of Justice refuses to suspend the EU-Mercosur agreement
By order of 29 September 2026 (C-460/26 R, Poland v Council), the Vice-President of the Court of Justice dismissed Poland’s application to suspend the decision of 20 January 2026 authorising provisional application of the EU-Mercosur agreement, for want of any demonstrated serious and irreparable harm. The agreement continues to apply provisionally pending judgment on the merits.
Customs regulation and CBAM: DELTA roll-out, WTO panel on the CBAM
On 29 September, the French customs administration (DGDDI) released version 2.11 of DELTA E. There is nothing new on the recodification of the Customs Code (Ordinance No. 2026-265, Article L. 111-1 onwards), on ICS2 or on NCTS Phase 5. In addition, the WTO Dispute Settlement Body established a panel on 25 September (DS639) at Russia’s request to examine whether the CBAM and the free allocation of ETS allowances comply with WTO rules; eighteen members, including the United States and China, reserved their third-party rights. Nothing to report on foreign investment screening.
The firm advises on international trade law, including sanctions compliance and customs law.
Previous edition: Weekly Digest: International Trade Law (21-27 September 2026)
Our practice: lawyer in international trade law