Germany – conviction for importing timber from Myanmar referred to CJEU

A referral to the Court of Justice of the European Union has revealed a conviction in Germany arising from the importation of timber from Myanmar in breach of the EU’s sanctions.

The defendant was convicted and given a sentence of 19 months in prison and a confiscation order of €3,310,902.98 was imposed as well.

The case has been referred to the CJEU because the defendant argues that the timber in question should properly be seen as having been imported from Taiwan, and not Myanmar, because the timber had been processed in Taiwan.

Update: The CJEU case was registered on 8 February 2023.

Romania – fine and confiscation overturned

The Romanian company Liberty Galati has successfully overturned an administrative fine and the confiscation of over 7.6 million lei (c. €1.5m).

The alleged breach of EU sanctions related to a shipment of iron ore pellets which left Russian on 22 February 2022, and arrived in Romania on 25 February 2022.  The seller of the pellets was Metalloinvest, which is owned or controlled by Alisher Usmanov who was designated on 28 February 2022. The pellets were on-sold in Romania on 1 March 2022.

The initial fine and confiscation was based on the allegation that it was a breach of the EU’s sanctions to deal with Metalloinvest in this way. The court disagreed and held that Liberty Galati had taken title to the pellets on 22 February at a time that Metalloinvest was not subject to sanctions.

Netherlands – 18 month sentence for exports to Iran

The Dutch Supreme Court has denied an appeal against an 18-month custodial sentence against an individual for his role in  seven exports of goods to the National Iranian Gas Company which is a designated person under the EU’s sanctions.

The shipments were made via Turkey or Dubai and the defence argued in the appeal that this was not “indirectly” making economic resources available to a designated person. The Supreme Court disagreed.

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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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