Custodial sentence – European Sanctions Enforcement

July 18, 2024July 22, 2024 by Mark Handley

Germany – two individuals convicted of electronics exports to Russia

A court in Stuttgart has convicted two individuals for their role in the export of 120,000 dual-use items to Russia between January 2020 and May 2023. The parts included those used for the “Orlan 10” drone. The value of the goods was estimated at €875,000. Another report states that this amount was confiscated as part of the sentencing.

One individual was given a custodial sentence of 6 years and 9 months and the other was given a suspended sentence of 1 year and 9 months.

The scheme had involved disguised sales and invoices involving Hong Kong and Turkey, as well as false documents indicating that some of the goods had been sold to customers in Germany.

As per our earlier post, the individuals were charged had been charged in March 2024.

June 17, 2024June 17, 2024 by Mark Handley

Netherlands – Attorney-General’s advice to uphold conviction and custodial sentence for ISIS sanctions violation

The post below has been updated on 17 June 2024 after the helpful input from the Sanctions Unit of the Dutch Ministry of Foreign Affairs:

Further to our earlier post, in late 2021 the Dutch Court of Appeal sentenced an individual to a six month custodial prison term for a number of offences including for making a payment in breach of the EU’s ISIS sanctions.

In his advice to the Dutch Supreme Court has upheld the Attorney General has advised that the convictions for terrorist financing and breaching the Dutch Sanctiewet 1977 be upheld, but that the conviction for money laundering be remanded to the Court of Appeal.

The facts relate to the transfer of €471 from an individual to his brother who was in Syria as part of ISIS. The defence sought to argue that the man did not have the required intent to support terrorism, or knowledge that the funds had benefitted ISIS.

As stated by the Attorney General at [2.9]:

“With regard to the violation of the provision of Article 2 of the Sanctions Act 1977, the offense proven under 2, the suspect’s intent does not have to be aimed at non-compliance with the legal regulations referred to in the finding of proof. The suspect’s intention must be aimed at ensuring that the money ends up indirectly with (a) terrorist organization”.

April 19, 2024 by Mark Handley

Netherlands – four month prison sentence for breach of ISIS sanctions

The Court of Appeal in the Hague has quashed some convictions and upheld others of a suspect charged with terrorist financing and with breaching the EU’s ISIS sanctions.

The underlying actions were the indirect transfer of approximately €4,550 in several tranches to the suspect’s daughter and son-in-law who were then in Syria as part of ISIS.

The Court of Appeal quashed the convictions for terrorist financing saying there was no evidence that that was the suspect’s intention.

The convictions under the EU’s sanctions were, however, upheld with the court noting that intention does not form part of the offence which consists simply of making funds or economic resources available to a designated person.

The defendant was given a four month custodial sentence.

February 14, 2024 by Mark Handley

Finland – conviction of Russian national for breach of the EU travel ban

In a rare example of the enforcement of the travel ban imposed on designated persons, a court in Finland has convicted the Russian national Yan Petrovsky for travelling into Finland under an assumed alias, Voislav Torden, in 2022 and 2023.

Petrovsky was sentenced to 40 days in jail, and ordered to pay a fine of €80.

November 1, 2023January 11, 2024 by Mark Handley

Netherlands – custodial sentence and corporate fine

Further to our earlier post regarding the sentence sought against Dmitri K, the sentencing has now been handed down. Dmitri was sentenced, in absentia to 18 months’ in jail, and his (unnamed) company was fined €200,000.

The sentence relates to the export of microchips to Russia, with the court finding that Dmitri K was aware that the exports were unlawful.

August 30, 2023July 22, 2024 by Mark Handley

Germany – conviction for exporting drone parts to Russia

It is being reported (behind a paywall) that an individual has been convicted by the Koblenz Regional Court for exporting engines for the “Altius” drones to Russia in breach of EU sanctions.

The 62-year old unidentified individual was sentenced to 5 years in prison.

August 31, 2022January 11, 2024 by Mark Handley

Netherlands – 30 month custodial sentence for breach of ISIS sanctions

The Rotterdam District Court has imposed a 30-month custodial sentence on an individual relating to a two-year period in which financial transfers of approximately $140,000 were made in breach of EU sanctions against ISIS and Al Qaeda.

The transfers were related to efforts to smuggle Dutch women who had travelled to Syria and Iraq to be part of ISIS out of that region and back to the Netherlands.

June 28, 2022January 11, 2024 by Mark Handley

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.

February 4, 2022January 11, 2024 by Mark Handley

Netherlands – 6 month custodial sentence

The Court of Appeal in the Hague has upheld the conviction of an individual on charges of breaching the EU sanctions against terrorist organisations.

Amongst other charges the individual was charged with making a financial transfer through intermediaries in Turkey and/or Syria to ISIS.

The man was sentenced to 9 months, of which 3 was conditional.

December 14, 2021January 11, 2024 by Mark Handley

Denmark – sentences and fines for breach of Syrian sanctions

Two Danish companies have been convicted of exporting 177,000 tonnes of jet fuel to Syria in breach of the EU’s sanctions.

In total some 33 transactions took place between 2015 and 2017, with the exports routed through Russian companies bound for Syria.

The company Dan-Bunkering was fined DKK 30 million ($4.6m), with a further DKK 15 million of unlawful profits confiscated.

The parent company Bunker Holding was fined DKK 4 million.

The Dan Bunkering CEO was also convicted and given a four-month custodial sentence , suspended pending a one year probation period.