Netherlands – Supreme Court upholds conviction and custodial sentence for ISIS sanctions violation

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.

The Dutch Supreme Court has upheld the convictions for terrorist financing and breaching the Dutch Sanctiewet 1977, but remanded the conviction for money laundering 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 held by the Supreme Court 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”.

 

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.

France – Anti-Terrorism Prosecutor advances sanctions charges against Lafarge and individuals

On Friday France’s National Anti-Terrorism Prosecutor’s Office applied to the Paris court to have charges of terrorist financing, and breach of the relevant EU sanctions heard against Lafarge Holcim and nine individuals.

This criminal trial would go ahead before the trial of Lafarge on allegations of crimes against humanity after the Court of Cassation ruled last month that those charges should proceed.

For our earlier posts on the Lafarge matter see here.

Germany – ISIS prosecutions and the meaning of “making funds or economic resources available”

In three decisions last year, the German Federal Court of Justice (Bundesgerichtshof) issued judgments dealing with persons charged with (amongst other crimes) making funds available to ISIS in breach of the relevant EU sanctions regulation.

One of the questions considered in the judgments is the extent to which transfers to individual members of the ISIS rank and file count as “making funds available” to ISIS itself.

Continue reading “Germany – ISIS prosecutions and the meaning of “making funds or economic resources available””

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.

 

© 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.

Proudly powered by WordPress