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.

 

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).

Germany – acquittal of charges of breaching Somalia sanctions overturned on appeal

The Higher Regional Court of Hamm has overturned on appeal an acquittal in the Münster Regional Court. The case has been remitted back to the lower courts.

The charges of breaching the EU’s Somalia sanctions relate to the alleged provision of training and technical assistance related to the manufacture, maintenance and use of arms and related materiel under a 2009 contract.

Austrian military goods enforcement (2008-2017)

The Austrian Ministry of Justice has published statistics showing its enforcement between 2008 and 2017 of the Austrian “War Materials Law”.

Year Investigations Prosecutions Penalty Notices Convictions
2008

15

2 0

2

2009

19

2 0

0

2010

23

6 0

3

2011

18

4 0

2

2012

21

3 2

1

2013

22

7 1

3

2014

16

5 1

1

2015

30

5 2

4

2016

30

7 0

3

2017

29

9 1

6

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.

Germany – Iran sanctions prosecution case sent to Federal Court

A prosecution in relation to the export of valves for use in the Iranian nuclear sector which has been ongoing since 2014 has now been referred to the German Federal Court.

The prosecution of three individuals, named only as Bernd Gehrad L., René L. and Ralf C, relates to the export of 51 specialized valves to Iran between 2010 and 2011. The value of the valves was approximately €1 million.

The case has been sent to the Federal Court after a court in Berlin had ruled that the penalties being sought were unconstitutional.

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.

© 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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