Germany – investigation commenced into chemical exports to Syria

After press reports alleging that German company Brenntag AG was involved in the indirect export of chemicals to Syria potentially in breach of the EU’s sanctions, prosecutors in Essen, where Brenntag AG is located, have confirmed that they have initiated legal proceedings and are probing whether to open a formal investigation.

Three NGOs have already filed criminal charges over the chemical exports, including the Berlin-based Syrian Archive, the Switzerland-based organization Trial International, and the New York-based Open Society Justice Initiative.

UK – FCA imposes fine of £102m

The UK’s Financial Conduct Authority has issued a Decision Notice against Standard Chartered Bank including a fine of £102,163,200.

The fine related to KYC failings in general, with a focus on failure to conduct customer due diligence even in situations where sanctions red flags were evident. The FCA noted a lack of financial crime risk, and concerns as to the quality of the advice being given.

A particular focus were the UAE branches of the bank, and also export financing in relation to the export of military goods.

Netherlands – two companies and three individuals convicted of Iran exports

The Dutch District Court in Limburg has convicted two companies and three individuals of unlicensed exports of gas turbine machinery to Iran.

The companies were Euroturbine BV, and its Bahraini subsidiary, and they were fined €500,000 and €350,000 respectively.

The exports were routed via indirect channels to and mask the destination.

The individuals were respectively sentenced to 12 months in jail, of which 11 months were suspended and 240 hours of community service; 8 months in jail, of which 7 months were suspended and a community service of 200 hours. The third individual , a company employee, was sentenced to 180 hours of community service.

A fourth individual had earlier pled guilty and been sentenced to 120 hours of community service.

Belgium – convictions for breaching Syrian sanctions

It was reported today that the Penal Court of Antwerp has convicted three Belgian  companies and associated individuals of breaching the EU’s Syrian sanctions by exporting 168 tons of isopropranol which is a dual-use product.

AAE Chemie Trading was conditionally fined €346,443 with €50,000 effective. Anex Customs was fined €500,000 of which €100,000 is effective and Danmar Logistics were fined between €75,000 of which €50,000 is effective

Rolf Rippen, the manager of AAE Chemie Trading was sentenced to four months in jail suspended, while Herman Van Landeghem, a manager of Anex Customs and Danmar Logistics, received a 12-month custodial sentence.

Germany – arrest of Russian national for alleged export of military goods to Russia

The German Federal Prosecutor’s Office has issued a press release regarding the arrest of an individual (Vladimir D.) on suspicion of exporting dual-use goods to Russia in breach of EU sanctions.

The goods are valued at €1.7 million and were said to have been exported in two consignments in 2014 and 2018.

As stated in the press release: “In order to circumvent the export controls, the accused is said to have carried out his transactions via changing fictitious recipients, presented false documents and carried out technical manipulations on the goods”.

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.

Germany – investigation into alleged export of turbines to Crimea

The Hamburg Public Prosecutor has confirmed that it is currently investigating three Russian-based employees of Siemens in relation to alleged export of turbines to Crimea in breach of EU sanctions.

Siemens has confirmed that it is cooperating with the investigation, and stated that it exported the turbines for use in Russia and not in Crimea, and that the turbines were re-exported to Crimea without its knowledge.

UK – three convicted of exporting military goods to Iran

Following a trial at Southwark Crown Court three individuals have been convicted of exporting parts for military aircraft to Iran in breach of sanctions.

Alexander George was given a custodial sentence of 2 and a half years, while Paul Attwater and Iris Attwater were sentenced to suspended sixth months in prison.

The shipments were sent in the name of a BVI company, via, Netherlands, Malaysia and Dubai, but were destined for Iran.

 

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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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