In a judgment of 10 January 2023 (ECLI:NL:HR:2023:2), the Dutch Supreme Court confirmed that the applicable standard of proof for “intentional” violations of EU sanctions under Dutch law is generally low. The judgment confirmed that, although the intent of the accused with regard to the constituent elements of the relevant sanctions prohibition must be sufficiently proven to establish an intentional violation, intent does not need to be proven as to the unlawfulness of the conduct.…
On 9 March 2022, the EU announced the imposition of further sanctions against Russia and Belarus. In addition to the introduction of new restrictions (see below), the EU press release notes that the relevant amendments aim to create a closer alignment between sanctions in place against Russia and Belarus, so as to prevent circumvention of these sanctions. Russia Regulation (EU) 2022/394 (amending Regulation (EU) 833/2014) among others include the following amendments: Introduction of new product…
On 4 March 2022, the European Commission announced the introduction of the EU Sanctions Whistleblower Tool. According to the Commission, the Tool can be used to report on “past, ongoing or planned” EU sanctions violations, as well as attempts to circumvent these. Reports to the Commission can be made either directly by email or on an anonymous basis via the online platform provided through the Tool. Submitted reports will, in the first instance, be examined…
On 15 October 2021, the Dutch Minister of Foreign Affairs announced that the Dutch government has revised its licensing policy for exports of military-related items to Turkey. This policy covers both military items within the meaning of the EU Common Military List and dual-use items in case of a military end-use. The changes were announced in a letter to Dutch Parliament (available here, in Dutch). The revised policy relaxes the very strict policy that has…