Netherlands – prosecution of shipbuilder for alleged exports to Russia

The Dutch Public Prosecution Service has announced that it has charged the Dutch shipbuilding company Damen with an offence under the Dutch Sanctiewet. Other (non-sanctions) offences are also alleged.

The alleged breach of sanctions is said to have taken place in 2022 and to have involved exports to Russia of goods and technology.

The company has issued its own release which states in part:

“With regard to the suspicion of violating the Sanctions Act, Damen can report that it has always acted in accordance with the applicable sanctions packages and that full transparency has been exercised about its activities. Damen is therefore surprised that one case from June 2022 is now being submitted to the court. This is a case involving the supply of a very limited number of civilian cranes to Russia. This delivery took place within the sanctions legislation in force at the time”.

Netherlands – timber confiscations from companies already under investigation for alleged sanctions violations

As reported in our post from June 2024, at that time the Dutch FIOD conducted raids and arrested two individuals suspected of importing Russian-origin timber in breach of the EU’s sanctions.

FIOD has now announced a further round of seizures from the same companies. The allegation is that the companies have continued to trade in Russian timber during the pendency of the ongoing investigations into their activities.

Netherlands – updated Russian sanctions enforcement statistics

Updated enforcement statistics are being reported (here behind a paywall, and here in summary) for the Dutch Fiscal Intelligence and Investigation Service (FIOD) and from Dutch Customs.

FIOD is reported to have conducted 30 cases in the three years since February 2022, with six resulting in convictions, and twenty investigations ongoing.

Customs are reported to have started 80 cases, with 16 ongoing, and 64 settled with fines of between €500 and €200,000.

Netherlands – conviction for breach of ISIS sanctions

On 31 January the Rotterdam District Court published its decision convicting an individual of breaches of the EU’s ISIS sanctions.

The individual was sentenced to 90 days in jail, of which 74 days is suspended for 2 years. Community Service of 80 hours was also imposed.

The transfers giving rise to the offences were US$4,350 and 150,000 Syrian pounds.

The individual was also charged with financing of terrorism and human trafficking.

Netherlands – company settles with prosecution and fined €120,000 for Crimean exports

The District Court in Amsterdam has issued a judgment arising from the export of machinery from the Netherlands to Crimea in 2016 and 2017 for use in the construction of the Kerch Bridge.

The company (a B.V. unnamed in the judgment) reached a settlement with the prosecution, whereby no defence was advanced, no appeal would be lodged, and the company agreed to pay the fine of €120,000.

The court found that the prosecution case was made out, and confirmed the terms of the settlement and the proposed fine.

The judgment does not mention any confiscation of the proceeds of crime.

Judgments have also been released in relation to the related prosecutions of two individuals (here and here), both of whom were acquitted.

Netherlands – arrest of individual for suspected financial sanctions breaches

The Dutch FIOD has issued a press release relating to the arrest of an individual suspected of various offences including unlicensed ‘hawala’ banking and breaches of the Dutch Sanctions Law.

As part of the investigation a residential property was raised and mobile phones and other devices seized.

It is alleged that the suspect was at the centre of a network capable of large-scale financial transfers from the Netherlands to other countries.

Netherlands – company and director suspected of exporting computing equipment to Russia

The Dutch FIOD has issued a press release stating that a 57-year old man has been arrested and that the individual and a company are suspected of exporting US$24 million in computer motherboards and graphics cards to Russian customers in breach of the EU’s sanctions against Russia.

Residential and commercial premises were raided, and bank accounts seized.

The exports are alleged to have been done through Hong Kong, the United Arab Emirates and Cyprus

Netherlands – third defendant found guilty in sanctioned aircraft parts export prosecution

Further to our earlier posts from 8 October and 7 October relating to the conviction of a company and individual for exporting aircraft parts to Russia in breach of EU sanctions, the Rotterdam District Court ruled on 22 November that the third co-defendant is also guilty.

The judgment is here.

The individual was an employee of the Ministry of Defence and was first arrested in September 2023 (see our earlier post).

The conviction was based on the export of parts via Tajikistan, Kyrgyzstan, Turkey the UAE and Serbia. The Defendant was also convicted of falsifying documents and of a minor fire arms charge.

The court accepted findings of PTSD by court psychologists and the probation service.

At sentencing the court stated: “In view of the seriousness of the proven facts, from the point of view of general prevention, a prison sentence of considerable duration is in principle appropriate“.

In the circumstances of the defendant, however, the custodial sentence was limited to the period of pre-trial detention with a further period of 195 days suspended for two years. In addition 240 hours of community service was imposed.

The individual was also disqualified from acting as a company director for three years.

Netherlands – prosecution of Russian national

It is being reported that a Russian national, who was formerly an employee of chip manufacturer ASML, and of Mapper Lithography, is being prosecuted for both breach of EU sanctions and for theft of trade secrets.

The man is currently in custody. As part of the prosecution the individual has been banned from travel to the Netherlands for 20 years.

The man is alleged to have stolen documents, such as microchip manuals and passed those to Russian recipients to aid microchip production.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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