NETHERLANDS Law and Practice Contributed by: Sebastiaan Bennink, Nicolas Burnichon, Siqi Zhao and Daniel Webb, Bennink Dunin-Wasowicz
• supply of goods intended for certain co-operation programmes (space, nuclear programmes); • supply of goods with the assurance they will not be used by public entities; • supply of goods intended for diplomatic represen - tations; • wind-down periods, for entities to adapt and fulfil contracts executed prior to the prohibition; • divestment from Russia; • certain specific activities (gas extraction); and • certain thresholds. 2.3.2 Provision of Legal Services EU Regulation 833/2014 concerning restrictive meas - ures in view of Russia’s actions destabilising the situa - tion in Ukraine is the only Regulation providing a legal services ban. However, it concerns not only desig - nated persons but also all legal persons, entities and bodies established in Russia. The Netherlands does not issue any general licence for the provision of legal services to designated persons, nor does it issue any general licence for the provision of legal services to the Russian government or to legal persons in Russia. However, there are exceptions for: • the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy; and • the provision of services that are strictly neces - sary to ensure access to judicial, administrative or arbitral proceedings in a member state, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a member state, provided that such provision of services is con - sistent with the objectives of this Regulation and Regulation (EU) No 269/2014. 2.4 Reporting Reporting obligations differ depending on the sanc - tions framework and the applicable sanctions. Finan - cial institutions are particularly subject to such obliga - tions. In general, operators are also required to report their use of exemptions, directly by means of reports or indirectly through the notification of their use. Des - ignated persons and entities listed in Annex I shall report any assets and property they own in EU coun -
tries within six weeks of being added to the list. Such designated individuals and entities are to report via a special form sent by mail. 3. Recent and Future Legal Developments 3.1 Significant Court Decisions or Legal Developments Dutch authorities have intensified efforts to enforce sanctions, with a particular focus on prosecuting vio - lations and addressing circumvention schemes. In September 2017, the Dutch Public Prosecution Ser - vice initiated a criminal investigation into the involve - ment of several Dutch companies, including Dieseko, in the construction of the Crimean Bridge in Russia. The investigation found that Dieseko had breached sanctions by selling prohibited goods and providing technical assistance in relation to the supplied prod - ucts. In July 2024, the case was concluded by way of a settlement agreement, which included both a finan - cial penalty and a confiscation component. In 2024, Dutch courts delivered judgments in two cases resulting in the conviction of natural persons. On 17 October 2024, the District Court of Rotterdam convicted a Russian national residing in the Nether - lands and imposed a custodial sentence of 450 days, of which 344 days were conditional, minus time spent in pre-trial detention. The sentence also included a probation period of two years and a community ser - vice order of 240 hours – or 120 days’ imprisonment. The conviction related to the supply and export to Russian companies in Russia – via transit countries – of electronic dual-use goods and technology, certain luxury items and goods capable of contributing to the enhancement of Russia’s industrial capacity. On 22 November 2024, the District Court of Rotterdam convicted a natural person of a prison sentence of 300 days, of which 195 days were conditional, minus pre- trial detention with a probation period of two years, and a community service order of 240 hours – or 120 days’ imprisonment. This individual, together with his accomplices, supplied aviation components to a company in Russia through circumvention routes
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