PORTUGAL Law and Practice Contributed by: Bárbara Marinho e Pinto, Ana Reis Mota, Lua Mota Santos and Jéssica Dinis Bento, Rogério Alves & Associados
rules on judicial review of administrative acts rather than a special sanctions appeal body. Where the complaint actually concerns the underlying UN or EU act (for example, the inclusion in a UN or EU list) but is submitted to the Portuguese competent authorities, those authorities must forward it within ten working days to the body competent to decide at UN or EU level, without this implying any support by the Portuguese state for the complaint. 4.2 Remedies Under the sanctions framework applicable in Portu - gal, a successful delisting challenge may result in the removal of the individual or entity from the relevant sanctions list, the lifting of the associated restrictive measures (including asset freezes and prohibitions on making funds or economic resources available), and the release of frozen assets. It may also lead to a judi - cial finding that the listing was unlawful, for example due to insufficient evidence, inadequate reasoning, or procedural defects. While damages may in principle be sought, particularly in the context of unlawful EU sanctions listings, compensation is exceptional and requires proof of an unlawful act, actual loss and a causal link between the two. Consequently, the pri - mary and most common outcome of a delisting chal - lenge is the annulment of the listing and the cessation of the sanctions measures. 4.3 Timing The timeframe for obtaining delisting varies depend - ing on the sanctions regime and the route pursued, as there is no statutory deadline for obtaining delisting. Proceedings before the General Court of the European Union typically take around 18 months on average, although the duration of sanctions cases may vary depending on their complexity and any subsequent appeal. 5. Trade and Export Restrictions 5.1 Services Portugal does not have an autonomous, across-the- board prohibition on the export or import of services, but a number of sector-specific service bans apply in
Portugal because they are laid down in directly appli - cable EU sanctions regulations. The most extensive restrictions currently concern Russia and Belarus. Under Council Regulation (EU) No 833/2014, as amended, EU persons are prohibited from providing a broad range of services to the Rus - sian government and persons established in Russia, including accounting, auditing, bookkeeping, tax con - sulting, business and management consulting, public relations, architectural and engineering, IT consultan - cy, legal advisory (subject to exceptions), advertising, market research, product testing, technical inspection, software, cloud computing and certain technology- related services. Additional restrictions apply in sec - tors such as financial services, transport, energy and telecommunications. Similar service restrictions exist under other EU sanctions regimes where applicable. Portugal has not adopted separate national prohibi - tions on the export or import of services beyond those established under EU law. 5.2 Goods Similar to the position regarding services, Portugal has not adopted separate national prohibitions on the export or import of goods beyond those established under EU sanctions legislation. There are extensive EU sanctions prohibiting or restricting the export, sale, supply, transfer, purchase or import of certain goods to or from specific coun - tries, sectors, governments, entities and individuals. The most significant example concerns Russia and Belarus. Under Council Regulation (EU) No 833/2014 and Council Regulation (EC) No 765/2006, as amend - ed, EU persons are prohibited from exporting or importing a wide range of goods, including military and dual-use items, advanced technology products, industrial goods, aviation and maritime-related prod - ucts, energy-related equipment, luxury goods, certain machinery and electronics, and various raw materi - als and commodities. Additional restrictions apply to goods used in strategic sectors such as defence, energy, transport and telecommunications. Simi - lar trade restrictions exist under other EU sanctions regimes, where applicable.
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