Netherlands – criminal fine imposed for breach of Russian sanctions

The Dutch Public Prosecution Service has obtained a criminal fine of €50,000 against an unnamed Dutch freight solutions company.

The company had sought to ship radar equipment for Sukhoi jet fighters from Malaysia to Russia. The consignment was intercepted at Schiphol Airport. The sale was in breach of both European export controls, as the products were included on the EU’s Military List, and in breach of Russian sanctions which would have prohibited the granting of an export licence.

No licence had been applied for.

An individual was acquitted of a related offence.

Netherlands – fine of €100,000 imposed on payment services provider

In 2015 the Dutch National Bank had imposed a financial penalty of €125,000 on an unnamed payment services provider for failings in relation to sanctions and PEP screening as part of a review by the bank.

The payment services provider appealed the decision.

On appeal to the District Court of Rotterdam the penalty was upheld but the fine reduced to €100,000.

The National Bank had originally calculated the fine as €550,000 which was then reduced due to the financial condition and size of the defendant.

Netherlands – investigation into alleged breach of Crimean sanctions

It has been reported that the Dutch International Development minister has ordered an investigation into the alleged involvement of two Dutch companies, Dematec Equipment and Biljard Hydrauliek, in providing equipment for the building of the Kerch Strait Bridge designed to join Russia and Crimea.

The allegations, if proven, would be a breach of the EU’s Crimean sanctions.

Netherlands – fine and custodial sentence imposed for breach of Iran sanctions.

The District Court of East Brabant has convicted an individual for breaches of the EU’s Iran sanctions.

The defendant had traded for 2 years with a designated Iranian entity. The unspecified goods had been shipped via intermediary countries Turkey and Dubai.

He was sentenced to 16 months in jail, with a further 4 months suspended subject to a two-year probation period. He was also fined €500,000. The fine was on the individual personally and not on the company through which he traded.

 

Netherlands – 19 year jail term imposed on appeal

The Court of Appeal in Hertogenbosch has upheld and extended the conviction and sentence imposed on an individual for breaches of the EU’s Liberian sanctions.

Amongst other offences, the defendant had supplied arms and munitions to the government of Charles Taylor in breach of sanctions.

At first instance he had been acquitted of some charges and sentenced to 8 years in jail. Both the defendant and the public prosecutor appealed.

On appeal all charges were found proven and a sentence of 19 years was imposed.

Netherlands – Dutch National Bank’s fine of trust office upheld on appeal

The District Court of Rotterdam has dismissed an appeal by a trust office against a penalty imposed by the Dutch National Bank.

The penalty was imposed for KYC failings by the trust office specifically in the context of sanctions screening and compliance, including insufficient investigation of the origin of the assets within certain trusts.

The size of the fine is not mentioned in the appeal judgment.

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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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