Custodial sentence – European Sanctions Enforcement

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 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.

March 4, 2021January 11, 2024 by Mark Handley

Germany – convictions and fines for Russian exports

Further to our earlier post, it has been reported today that the Higher Regional Court in Hamburg has sentenced two men to prison for supplying machine tools to a Russian arms company.

The first defendant received a sentence of three years and nine months. In addition, almost €8 million in profits from the sale of the machinery will be confiscated

The second defendant was sentenced to two years’ probation for aiding and abetting with a payment of €150,000 to secure that probation. A further €184,000 are to be confiscated.

January 9, 2020January 11, 2024 by Mark Handley

Germany – seven year sentence for Russian exports

The Higher Regional Court of Hamburg has today sentenced a man to seven years in jail for exports to Russian in breach of EU sanctions.

Our earlier post had outlined that the man was charged with exports of chemicals and machinery to Russia which could be used in the manufacture of military rockets. False documentation had been created in an attempt to mask the exports.

November 5, 2019January 10, 2024 by Mark Handley

Netherlands – conviction for breach of ISIS sanctions

The Rotterdam District Court has convicted an individual for the financial transfer of €471 in breach of the EU’s sanctions against ISIS.

In light of other offences, the man was sentenced to 18 months in jail, with 6 months conditional and a probation period of 3 years.