Germany – earlier convictions for illegal arms exports upheld

Further to an earlier post, the German Federal Court of Justice has today upheld an earlier conviction of two individuals and a company for unlawful exports of assault rifles to Mexico.

The company, Heckler & Koch, had appealed the earlier judgment and the confiscation of its gross profits from the sales. The two convicted individuals had also appealed.

The Federal Court has upheld the earlier judgment finding that the company had falsified export licence applications to mask the final destination for the weapons.

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.

UK: HMRC fines 19 companies for export controls violations

Today the UK government announced compound penalties of £700,386.01 imposed for breaches of the UK’s export controls.

The announcement from the Export Control Joint Unit provides little detail, but there were 19 settlements in all with the individual penalties ranging from £1,000 to £211,250.

The exports were of dual-use goods and military goods.

This announcement is in line with the HMRC’s policy of entering into civil settlements using its compounding powers, and with anonymised publication of the details.

 

Malta – five charged with breaching Libyan sanctions

It has been reported today that the Maltese authorities have charged five individuals with breaching the EU sanctions against Libya.

Only one individual was named – James Fenech.

The case relates to the use of military-grade inflatable vessels allegedly used to move military personnel into, and out of, Libya.

The court has also ordered that the accounts of the companies involved be frozen.

Latvia – raids and arrests for arms sales in breach of UN sanctions

The Latvian Intelligence Services have announced a series of five raids in Riga and elsewhere relating to “illegal arms trade, violation of sanctions determined by international organisations” and money laundering.

As stated: “The information acquired during the investigation indicates that the group of persons has illicitly supplied a large number of arms to African countries that are subject to the sanctions determined by the UN and the EU. The accomplishment of illicit contracts was followed by laundering of criminally acquired financial resources”.

The release does not specify the African country.

Germany – trial commences of individual charged with Russian exports

A trial has commenced in Hamburg of a 69-year old charged with making numerous exports to Russia in breach of EU sanctions.

The man is a Russian national and is alleged to have exported 15kg of Decaboran which is used to make rocket propellant and explosives.

He is also alleged to have exported special machinery used to manufacture rockets. The total value of the exports is said to be over €1.8 million.

 

UK – HMRC imposes fine on UK person for unlicensed exports

Her Majesty’s Revenue & Customs (HMRC) has today published details of a compound penalty of £10,234.26 imposed on a UK exporter/trader.

The penalty was in relation to unlicensed trading of body armour. The goods were not exported from the UK, but the transaction involved a UK national.

The Notice to Exporters noted that the Export Control Order 2008 requires a trade control licence when certain goods are exported from a country other than the UK, and that exporters should be aware that trafficking and brokering military goods outside the UK will need a trade control licence, even if the goods do not pass through the UK.

© 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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