DENMARK Law and Practice Contributed by: Rikke Sonne, Jakob Skov Bundgaard and Tilde Nielsen Weidinger, Accura
the 16th package of Russia sanctions in Greenland, with some local amendments, highlighting the resolve to keep sanctions up to date in Greenland as much as possible. Lastly, new legislation regarding penalties and fire - walls has been introduced regarding sanctions; see 1.2 Key Trends . 3.2 Future Developments As mentioned in 1.2 Key Trends , an act, as well as an executive order, has been proposed aiming to protect Danish businesses, jobs and production by ensuring that companies directly or indirectly owned or con - trolled by natural or legal persons who are subject to sanctions can continue their operations in the event that their owner becomes sanctioned. While the oper - ations continue, the sanctioned party may not control the company – nor benefit from its profit and dividend distributions. The reason such rules are necessary is that, should a natural or legal person who directly or indirectly owns or controls a Danish company become subject to sanctions, the company’s employees would in effect be prohibited from working for the company, thus making it unable to continue its operations. The act is expected to be adopted in the near future. Denmark does not maintain an independent national sanctions regime. Sanctions designations are made at EU level by the Council of the European Union. Any request for delisting or challenge of the designation must be directed to the Council. Natural and legal per - sons included on a sanctions list may request delist - ing if they consider that they do not meet the criteria for designation. To this end, the designated person must submit a request to the General Secretariat of the Council of the European Union, accompanied by supporting evidence as to why the designation criteria are no longer met. The Council must periodically reassess its listing decisions, doing so at intervals of no more than 12 4. Delisting Challenges 4.1 Process
months. If a delisting request is turned down, the Council’s decision can be contested through general proceedings against the sanctions act heard at the General Court of the European Union. Any such action must be filed within two months of the decision being notified, in line with the requirements laid down in Arti - cle 263 (4) and (6) and Article 275 (2) of the Treaty on the Functioning of the European Union (TFEU). Should either party wish to appeal a General Court judgment, that appeal is decided by the Court of Justice of the European Union (CJEU). For sanctions imposed by the UN, a request for del - isting must be submitted to either the UN Office of the Ombudsperson to the ISIL (Da’esh) and Al-Qaida Sanctions Committee or the UN Focal Point for De- listing, depending on which sanctions list the person or entity seeks to be removed from. 4.2 Remedies Following a successful delisting challenge, the person or entity will be removed from the sanctions list. As a consequence, the person or entity will no longer be subject to the sanctions – eg, the asset freeze or travel ban will be lifted. The costs related to the delisting challenge in suc - cessful delisting cases will be paid by the Council of the European Union, as the General Court of the European Union orders the losing institution to pay the successful challenger’s costs. 4.3 Timing The timeline of a delisting under the EU sanctions regime varies depending on the case and how long it takes for the EU litigation to be completed. Fur - thermore, additional time must be considered for the potential proceedings before the General Court of the European Union and the potential appeal at the European Court of Justice. The timeline depends on the circumstances of the case as well as the potential appeal.
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