AUSTRIA Law and Practice Contributed by: Anna Zeitlinger, Gabriel Lansky, Philip Goeth and Konstantin Oppolzer, Lansky Ganzger Goeth + Partner Rechtsanwälte GmbH
7.3 Circumvention 7.3.1 Prohibiting Provisions
could lodge a civil claim and argue that the operator is excessively applying sanctions. Furthermore, with our team’s contribution, Austria has developed a rather unique practice in relation to the recognition and the acknowledgement of a firewall. Unlike other member states, Austria is amenable to review the implemented firewall measures and to approve the firewall. Moreover, Austria even consid - ers firewall-related decisions issued in other member states in relation to the company concerned. This practice safeguards the uniform application of EU sanctions throughout the European Union and should serve as an example to other member states.
The provisions prohibiting the circumvention of sanc - tions are included in the directly applicable EU sanc - tions regulations. The Austrian Foreign Trade Act prohibits explicitly the circumvention of an export approval required for the export of dual-use goods or sanctioned products. 7.3.2 Criminal Penalties The Austrian Sanctions Act treats the violation of the reporting obligations as an administrative offence with a financial penalty of up to EUR150,000. For serious, repeated or systematic violations, the fine may rise to up to EUR5 million or twice of the economic value (gained benefit) stemming from the violation. Moreo - ver, the Austrian Foreign Trade Act stipulates the cir - cumvention of export approvals as criminal offences. Note that a person who circumvented sanctions may be (criminally) prosecuted for the violation of the provi - sion that they circumvented or attempted to circum - vent.
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