Malta – company and director acquitted of breach of Russian sanctions

It has been reported today that a prosecution in Malta for allegedly breaching the EU’s sanctions against Russia has ended in acquittal.

The investigation commenced in 2019 after a bank submitted a suspicious activity report.

The transaction at the heart of the case was the export of 142 pallets of ammunition from Russia to Morocco via a Maltese company; Donna Shipping Company Limited.

The company and one of its directors, Karl David Mallia, a qualified accountant were both prosecuted, but not any of the other directors of the company.

The court held that there was insufficient evidence that Mallia had been involved in the particular transaction.

Spain – two arrested for alleged military exports to Russia

It has been reported today that the Spanish authorities have arrested two individuals, a Russian national and a Ukrainian national, on suspicion of exporting military goods to Russia in breach of EU sanctions.

The investigation was started in 2021 nad has involved a number of raids. The goods in question were exported through third countries but destined for the Russian aeronautical sector.

Netherlands – fine imposed by regulator (largely) upheld

An unnamed financial services provider had appealed three fines imposed on it by the Dutch National Bank in relation to inadequate AML and sanctions screening in relation to transactions to do with Somalia, Syria and Saudi Arabia.

The fines were €8,000, €5,000 and €10,000 for the three identified breaches.

The fine of €8,000 was reduced on appeal to €7,600 on the basis of delay by the regulator, but the others were upheld.

Romania – fines and confiscation order overturned

It has been reported today that the Romanian company Deltrans Grup&Ro SR successfully appealed against a fine and confiscation order imposed by the Romanian ANAF.

The alleged wrongdoing related to two orders from a Moldovan company filled by products from plywood producer Sveza. The ANAF alleged that Sveza was owned and controlled by a designated person, Alexei Mordashov.

The court ruled that this link was asserted rather than proven by the ANAF and annulled the fine and confiscation.

It has been reported that the ANAF is appealing this decision.

 

Switzerland – nearly 100 criminal investigations for sanctions breaches

The Swiss authorities have this week provided some statistics on their ongoing sanctions enforcement efforts.

They have reported a total of 100 investigations. Of those:

      • 13 investigations have been concluded without charge;
      • 23 have had criminal proceedings commenced; and
      • 60 cases remain under investigation.

While most of these relate to Russia, at least two relate to Belarus sanctions.

The majority of the investigations are said to relate to trade sanctions rather than financial sanctions.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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