Denmark – sanctions enforcement activity 2022-2024

Presenting a webinar this morning made me aware that this blog had missed a number of stories relating to Danish sanctions enforcement.

I have endeavoured to rectify that gap with a number of posts filling gaps from 2022 through to early 2024. Because I have back-dated the posts so that they appear in the correct sequence it made sense to collect them into a properly new post to  highlight the additions.

Importantly, between February 2022 and August 2023 a total of 98 investigations were opened, with 16 referred to the police. In addition the police have charged a company and two individuals in relation to one particular case.

Germany – sanctions investigation into alleged exports to Belarus by politician’s company

It is being reported that a German customs investigation has been commenced into the business affairs Jörg Dornau who is an MP in the Saxon state parliament.

It is alleged that he arranged for the export of machinery to Belarus in breach of EU trade sanctions.

It is alleged that the goods were first sent to Kazakhstan before then being on-shipped to a company in which the politician has interests in Belarus called Zybulka-Bel.

The press article mentions that before any prosecution could be brought the MP’s immunity would need to first be lifted.

Latvia – prosecution for exports to Belarus in breach of sanctions

It is being reported that a Belarusian businessman resident in Latvia is being prosecuted for alleged exports to Belarus in breach of the EU’s sanctions.

The businessman, Igor Medved, is also reported to be preparing a guilty plea.

It is alleged that through his company, Nordwoc Limited, exports of sanctioned machinery have been made to Belarus. The precise type of machinery is not specified in the reports.

The investigation by the State Security Service was first made public in October 2023, at which time a freeze was also imposed on the shares of Nordwoc.

The prosecution is reported to be seeking a two-year custodial sentence, a fine of €225,000 and confiscation of €30,000 as well as confiscation of the shares of Nordwoc.

Latvia – details of the 10 Russian/Belarusian sanctions convictions from 2022 and 2023

With gratitude to a Paulis Iljenkovs of the Latvian FIU who pointed me to the website of Latvian anonymised case law, we can publish details of the criminal convictions to date under the EU’s Russian and Belarusian sanctions regimes.

As per an earlier post (here) it had been reported that there had been seven convictions to over 2022 and 2023. When including cases where companies and individuals were both convicted the correct figure is 10 convictions in 7 cases.

The website including Latvia case law is here. The case numbers provided below can be entered into the “Atlasīt pēc arhīva numura:” window to retrieve the judgments themselves which are in Latvian.

A. Case K77-3109-23. Riga City Court. 30 October 2023.

This case concerned the export of a Bentley Mulsanne Speed luxury vehicle to Russia that was sold for €112,552.69 in breach of the EU’s prohibitions on the export of luxury goods.

The company was convicted and fined €111,600 and had the full proceeds from the sale of the car confiscated as well.

The senior individual within the company was also convicted and personally fined €62,000.

In an earlier post we had reported that the total fine from this case was €170,000, but this sum excluded the confiscation.

B. Case K77-2464-23. Riga City Court. 25 October 2023.

The case was the prosecution of an individual who worked for Rossiya Segodnya, a Russian state media channel (the company is not named in the judgment, but is known from earlier press releases as per our earlier post).

The journalist was prosecuted for making “economic resources” available to a designated person, with Rossiya Segodnya having a designated person – Dmitry Kiselev – as its Director General.

The court held that the work product prepared during the course of employment constituted “economic resources” and that making these available to a designated person was a breach of the asset freeze imposed on Kiselev under the EU’s sanctions.

The fine was €6,820.

C. Case K77-2465-23. Riga City Court. 26 June 2023.

This case is twinned with Case B (K77-2464-23) above. The prosecution was of another journalist working for the same organisation, and the same case theory of the work product constituting “economic resources” was pursued.

In this instance, however, the journalist pleaded guilty and expressed remorse.

As part of a plea deal the individual was sentenced to 140 hours of community service.

The judgment itself concerned whether this plea deal was procedurally proper as a matter of Latvia law, and it was upheld.

D. Case K77-3055-23. Riga City Court. 17 October 2023.

This case was the prosecution of a company and individual for importing gas cylinders and valves from Belarus in breach of import prohibitions under the EU’s sanctions. The contract value was €73,508.

A senior person within the company, and the company itself were prosecuted and convicted.

The individual was fined €12,400.

The company was fined double that sum – €24,800, and had profits of €9,500 confiscated. This figure is not explained but may have been the profit made from on-selling the imported goods. The company was also banned from conducting any further business with Belarus for a year.

E. Case K12-0283-23. Daugavpils Court. 14 April 2023.

We have posted on this conviction previously.

The case concerned the conviction of an individual for importing 8kg of nails and 13 consignments of railway sleepers from Belarus in breach of the EU’s sanctions.

The man was fined €6,200 and barred from importing any goods from Belarus for a year.

A co-accused was also convicted (the judgment for which could not be found on the case law website) and was fined €5,000 and given a similar ban from importing any goods from Belarus for a year.

F. Case K77-1597-23. Riga City Court. 20 February 2023.

This case concerned the transfer of a professional football player from a Latvian club to a Belarussian club that was 79% owned by a designated person.

The transfer fee was US$50,000.

The player was treated in the judgment as an “economic resource” made available to a designated person in breach of the EU’s asset freeze.

The senior individual at the Latvian club pleaded guilty and was fined €6,200.

The club was also convicted and had the full US$50,000 transfer fee confiscated.

Latvia – 94 criminal proceedings commenced this year for Russia/Belarus sanctions breaches

In a reported interview with Raimonds Zukuls, the Deputy Director General of Latvia’s State Revenue Service, details of ongoing enforcement activity in Latvia have been provided.

These figures are specific to the EU’s sanctions against Russia and Belarus and include:

  • 94 criminal proceedings commenced during 2024;
  • more than 300 criminal proceedings overall (nb. as per our earlier post, the figure was 310 back in February 2024);
  • 2170 instances of blocked exports/imports during 2023; and
  • more than 2400 instances of blocked imports/exports during 2024.

Zukuls is also quoted as saying that the most frequent blocked exports to Russia and Belarus were cars, tractors, electrical equipment and appliances, and the most frequent blocked imports from Russia and Belarus were wooden products, animal feed and metal products.

European Sanctions Enforcement – performance league tables (2017-2024)

The figures are, naturally, based on publicly-available information as collated in this blog.

The figures are not always easy to reconcile into a coherent picture. For example:

  • The Netherlands has the most convictions, but none of the longest sentences;
  • Germany has far fewer convictions than the Netherlands, but all of the longest sentences;
  • Finland has a massive number of ongoing investigations but has only imposed fines to date of €11,080;
  • Switzerland has 15 convictions, but no custodial sentences and €58,435 in fines;
  • Poland has the highest number of successfully-concluded enforcement actions under the Russian sanctions but has no criminal convictions; and
  • The UK dominates the figures on total fines, but has a low number of criminal convictions.

Most criminal convictions since 2017:

  1. Netherlands – 40
  2. Switzerland – 15
  3. Germany – 10
  4. Latvia – 7

Fewest criminal convictions since 2017:

  1. Austria, Bulgaria, Croatia, Cyprus, Estonia, France, Greece, Hungary, Ireland, Lithuania, Luxembourg, Malta, Moldova, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden – 0
  2. Czechia and Norway – 1
  3. Denmark, Italy and United Kingdom – 3

Most Russian/Belarusian sanctions convictions/fines/penalties since 2017:

  1. Poland – 24
  2. Netherlands – 21
  3. Switzerland – 15
  4. Latvia – 11

Fewest Russian/Belarusian sanctions convictions/fines/penalties since 2017:*

  1. Belgium, Bulgaria, Croatia, Cyprus, Denmark, France, Greece, Hungary, Ireland, Luxembourg, Malta, Moldova, Portugal, Slovakia, Slovenia, Spain, Sweden – 0
  2. Czechia, Italy, Norway, Romania – 1
  3. Finland – 4
  4. United Kingdom and Lithuania – 7

* The Estonia figure is uncertain based on this story, but how high/low is uncertain.

Most currently-ongoing investigations:*

  1. Finland – 800
  2. Latvia – 310
  3. United Kingdom – 307
  4. Netherlands – 192

* Germany probably belongs on this list. It has commenced at least 1988 investigations since February 2022, but many of the States that responded to Freedom of Information Requests did not provide data on ongoing investigations, but only the total number of investigations commenced since the start of the full-scale war.

Longest custodial sentences since 2017 (where the sanctions element can be distinguished):*

  1. Germany – 7 years (2020)
  2. Germany – 6 years and 9 months (2024)
  3. Germany – 5 years (2023)
  4. Germany – 3 years and 9 months (2021)

* The list excludes convictions where there are also non-sanctions offences and where the sentence cannot be divided, such as the 19-year sentence imposed in the Netherlands which included war crimes offences.

Most extraditions to the United States to face US sanctions charges

  1. Latvia – 4
  2. Cyprus, Estonia, Spain, United Kingdom – 2
  3. Croatia, Germany, Greece, Italy, Romania – 1
  4. All other European countries are at zero.

Highest total value of fines/confiscations/penalties (in Euros) since 2017:

  1. United Kingdom – €268,344,548 (of which the FCA’s fines make up €228,465,751)
  2. France – €50,600,000
  3. Germany – €26,112,903
  4. Lithuania – €23,513,079

Lowest total value of fines/confiscations/penalties (in Euros) since 2017 where value is known:*

  1. Bulgaria, Croatia, Cyprus, Greece, Hungary, Ireland, Moldova, Portugal, Slovakia, Slovenia, Spain and Sweden – €0
  2. Norway – €4260**
  3. Finland – €11,080
  4. Switzerland – €58,435
  5. Czechia – €143,500

* Malta has imposed a fine of unknown size but greater than €800, and Austria has imposed at least 10 fines of unknown value.

** This is an underestimate for Norway as it has concluded 23 confiscations of goods where no value was published.

Highest single fines/confiscations/penalties within 2024

  1. UK – £29m by the FCA
  2. Lithuania – €13.6m by Customs
  3. Lithuania – €8.23m by the Financial Crimes Investigation Service
  4. Poland – €2.78m by Customs

Most successfully-concluded enforcements within 2024

  1. Poland – 22
  2. Netherlands – 10
  3. Lithuania – 7
  4. Switzerland – 6
  5. UK – 5*
  6. Germany – 4
  7. Luxembourg – 3
  8. Estonia – 2**
  9. Finland – 2
  10. Latvia – 2
  11. Czechia – 1
  12. Malta – 1
  13. All other European countries are at zero.

* The UK figure excludes export control enforcements unrelated to sanctions.

** The Estonia figure is likely to be higher based on this story, but how much higher is uncertain.

Europe hits 300th concluded sanctions enforcement action since 2017

With the news of OFSI imposing a civil penalty, Europe has today hit its 300th successfully-concluded enforcement action in relation to trade and financial sanctions and export controls since the start of 2017.

To mark the occasion we are publishing updated enforcement graphs which we last posted back in January when this blog first went live.

Total number of fines/penalties/convictions: 2017-2024

As the graph shows 2024 has, to date, been the most prolific in terms of sanctions enforcement in recent years with 69 so far this year. Already there have been three times as many successfully-concluded enforcement actions in Europe in 2024 as there were in 2017.

Total value of fines/penalties: 2017-2024

While the volume of enforcement has increased, the shape of this graph illustrates that the value of the fines imposed did not keep pace in the years following when the UK and French financial services regulators having imposed fines of £102m, €50m, and £38m.

After several years of plateau 2024 is, however, showing signs of acceleration with fines of over €32m imposed so far this year – more than double the figure for 2023.

Russian / Belarusian sanctions enforcement

Focusing just on enforcement of the sanctions against Russia and Belarus, perhaps unsurprisingly, the picture varies across Europe, although the total of 111 examples to date is worth stressing in and of itself.

This graph includes only enforcement actions that have concluded with a fine, penalty, conviction or confiscation. A total of 18 countries show no examples, although it is possible that there are such examples and they have not been made public. Poland, the Netherlands, Switzerland and Latvia are the only countries with more than 10 examples.

This is another way of looking at the same data. Again, this is specific to the Russia/Belarus sanctions, and is the number of concluded enforcements. This does not reflect the scale of the fines. A few countries dominate the picture.

Current investigations

Looking at publicly-available data on the number of current/live investigations reveals a similar picture. Many states appear to be currently inactive, while there are more than 2000 investigations which are reported as ongoing across Europe. That is a figure which bears repeating – more than 2000 ongoing regulatory/criminal sanctions investigations across Europe.

It should be remembered, however, that for most states such information has not been made public. In Germany alone nearly 2000 investigations have been started since early 2022, but the information is limited on how many of these remain active.

Lithuania – seizure of fire trucks exported from Belarus

It is being reported in the Zimbabwe press that 17 fire trucks purchased by the government of Zimbabwe from a supplier in Belarus were seized in March 2023 by the Lithuanian authorities on suspicion of the export and/or sale of the fire trucks breaching the EU’s Belarus sanctions.

It is also being reported that diplomatic efforts by Zimbabwe to secure the release of the trucks have so far been unsuccessful.

The report further states that the trucks are said to contain components manufactured by an entity included as a designated person under the Belarus sanctions.

While an investigation remains ongoing into the transshipment of the fire trucks to Zimbabwe via Lithuania it is unclear on what basis the fire trucks remain detained.

Lithuania – more than 50 currently-ongoing sanctions investigations

A published interview with Lithuania’s Prosecutor General has stated that the Lithuanian authorities currently have “more than 50 pre-trial investigations into sanctions violations” – including both Russian and Belarusian sanctions.

The interview included mention of the fact that one of the investigations relates to suspected arms smuggling, and that this has been referred to the court for prosecution.

The same article reported on a press release from Lithuania’s Financial Crime Investigation Service of yesterday, which stated that seven individuals and four companies are suspected of unlawful exports to Russia valued at nearly €2 million. Searches of 18 different premises have been conducted as part of this investigation.

It is alleged that attempts were made to mask the unlawful exports with false declarations naming different goods, as well as false destinations for the exports to Turkey, Kazakhstan, Uzbekistan, Belarus.

Details of the other ongoing investigations were not provided.

Germany – sanctions enforcement statistics: at least 1988 investigations since February 2022

The German media outlet Südwestrundfunk has conducted a survey of Germany’s state justice ministries, public prosecutors office and the Federal Prosecutor’s Office to compile statistics on recent sanctions investigations in Germany.

The vast majority of these are said to relate to Russian and Belarusian sanctions although enforcement of other regimes is included.

The results are:

    • Saxony – 451 investigations
    • Bavaria – 448 investigations
    • Hesse – 406 investigations
    • Hamburg – 161 investigations
    • Schleswig-Holstein – 112 investigations
    • Brandenburg – 107 investigations (of which 38 discontinued)
    • Bremen – 103 investigations
    • Baden-Württemberg – 90 investigations (of which 52 in Stuttgart, of which 44 discontinued)
    • Rhineland-Palatinate – 73 investigations (of which 50 discontinued)
    • Saarland – 21 investigations
    • Mecklenburg Western Pomerania – 9 investigations
    • Thuringia – 7 investigations

This is a total of 1,988 investigations conducted since 24 February 2022. No data were reported for the states of Lower Saxony or Anhalt, so this figure is not complete.

In September last year (see earlier post) it was reported that there were 150 on-going investigations in Germany. The new survey reports a minimum of 176 investigations now reported as ongoing, although many regions did not provide a figure for currently ongoing investigations.

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

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

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