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.
Netherlands – appeal against Liberian sanctions conviction dismissed
The Dutch Supreme Court has dismissed the appeal against the 19-year sentence for (amongst other crimes) breach of the EU’s Liberian sanctions.
The appeal was largely on the grounds that the Liberian government had granted an amnesty which was said to apply. The Supreme Court disagreed, and in any event held that such an amnesty is incompatible with Dutch obligations under the European Convention of Human Rights.
Netherlands – fine for airline increased to €60,000 on appeal
Further to our earlier post relating to a fine imposed on the Dutch airline KLM, after an appeal by the Dutch prosecutors the fine has been raised to €60,000 from 40,000 with half suspended for 2 years.
Netherlands – company convicted of breach of Russian sanctions
The District Court of Amsterdam has convicted a company on multiple charges of exporting military goods for a Russian end user. The intended Russian recipient of the exports was named as JSC Global Security, but the name of the convicted Dutch company was anonymised.
The goods (mostly bullet proof vests and other military equipment) were stopped at Schiphol airport and had been brought from South Africa.
The company was fined €30,000 (half suspended for 2 years).
Netherlands – Dutch National Bank fines of €170,000 upheld on appeal
The District Court of Rotterdam has upheld fines of €170,000 imposed by the Dutch National Bank on a payment services provider for breaches of Dutch sanctions law and AML rules.
The appeal was largely based on arguments that the internal compliance function had adequately performed its function. The court was highly critical of this argument, noting the lack of due diligence and periodic training.
Netherlands – conviction for breach of Iran sanctions
The District Court in the Hague has convicted an individual for the making of unauthorised financial transfers to/from Iran in the years 2013 and 2014 of around €92,000.
The person was convicted but no sentence imposed on mental health grounds, while noting that ordinarily a conviction would result in a lengthy custodial sentence.
Various sums seized as part of the investigation were returned to the defendant as the prosecution had not proven that these sums related to particular criminal activity.
Netherlands – Kerch Bridge investigation expanded to 7 companies
Further to our earlier post about the Dutch authorities investigating two companies for allegedly breaching Crimean sanctions by shipping goods for the construction of the Kerch Bridge, it has now been reported that the investigation currently has been extended to seven companies.
The Diesoko Group, a Dutch engineering company, has confirmed that it is one of the companies under investigation.
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.