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Shipping Criminal Liability: the Difficult Position of the Transportation & Logistics Sector

On 23 November 2017, the Court of Amsterdam handed down its decisions in the case concerning the Dutch transportation company charged with breaching the military embargo against the Russian Federation. These decisions are the latest in a string of Dutch enforcement cases relating to the transit of military goods which have raised concerns within the transportation & logistics sector. In…

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Two-Year Prison Sentence Demanded in Dutch Sanctions Enforcement Case

Another case that seems to betray a tougher line of sanctions enforcement in the Netherlands has emerged. On 21 August 2017, the Dutch public prosecution (the Prosecution) demanded two years of imprisonment for a managing director of a Dutch company which had dealings with Iran (the Defendant). In this case, brought before the Court of Den Bosch, the Prosecution has…

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Export Controls Enforcement by the Dutch Court | Part 2: The Case of the Airline Company

In our previous post, we discussed the export controls enforcement case brought against a logistics provider. At the same date, the same court also issued a judgment against an airline company that had acted as a carrier of certain military goods. (Rechtbank Noord-Holland, nr. 15/994178-17, 24 April 2017). This second case contains some observations by the Court that are worth highlighting…

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Export Controls Enforcement by the Dutch Court | Part 1: The Case of the Logistics Provider

Unlike in the US, few European countries disclose detailed records of the enforcement of export control regulations. The Netherlands are no exception to this rule. For their guidance, economic operators basically will have to depend on the odd court case. Remarkably, a Dutch court recently rendered two separate judgments concerning export controls enforcement at the same date. By Gerard Kreijen,…

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