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.
On an appeal from an earlier conviction for transferring €245 in breach of the EU’s sanctions against ISIS and Al Qaeda, the Dutch Supreme Court has ruled that a conviction does not require a showing of any intention to breach the sanctions.
Completion of the transfer itself is enough to complete the offence.
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.
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.
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.
The District Court of Rotterdam has imposed a two-month suspended sentence on an individual for the transfer of €200 to his brother.
The brother was fighting for ISIS in Syria and so the transfer was in breach of EU sanctions.
The Dutch authorities have obtained a further conviction for transfers of small sums of money in breach of the EU’s ISIS sanctions.
The transfers in this instance were of €500 and €950.
The man was given a suspended 5 month sentence with a 2 year probation period.
The Dutch authorities have obtained the conviction of an individual for making financial transfers to two family members in breach of the EU’s sanctions against ISIS.
Five transfers were made in total with the largest being €3,500.
The man was given a suspended 100 day prison sentence with a 2 year probation period and 240 hours of community service.
Three money transfers totalling €445 completed in breach of the EU’s sanctions against ISIS has resulted in a conviction of an individual.
He was sentenced to four months, suspended for 2 years, and 180 hours of community service.
