NETHERLANDS Law and Practice Contributed by: Sebastiaan Bennink, Nicolas Burnichon, Siqi Zhao and Daniel Webb, Bennink Dunin-Wasowicz
tion 833/2014. A violation of circumvention prohibi - tions is a violation of the relevant National Sanctions Regulation, which is in turn a violation of the Sanctions Act 1977 – a crime under the Economic Offences Act. As a result, persons charged with circumvention face: • a prison sentence of up to six years, community service or a fine of the fifth category, in case of crime; • imprisonment of up to two years, community service or a fine of the fourth category, if it is not a crime; • imprisonment of up to one year, community service or a fine of the fourth category, if it is an infringe - ment; • deprivation of certain rights; • total or partial closure of the business for a period not exceeding one year; • confiscation of objects in accordance with Article 33a of the Criminal Code, including ones obtained from the proceeds of the criminal offence or those with the help of which the act was committed; and • publication of the judicial decision.
Article 13 of the Sanctions Act 1977 stipulates that “Dutch criminal law applies to any Dutch citizen who commits an offence punishable under or pursuant to this Act outside of the Netherlands”. This provision seemingly serves as a mechanism within the Sanc - tions Act 1977 to prevent and address potential cir - cumvention of sanctions. As a general principle, the Dutch Public Prosecution Service does not have jurisdiction over Dutch citizens who commit offences abroad if the act is not consid - ered a criminal offence in the country where it occurs. However, pursuant to Article 13 of the Sanctions Act 1977, the Dutch Public Prosecution Service is author - ised to investigate and prosecute Dutch citizens for violations of the Act committed outside the Nether - lands – even if such conduct does not constitute a criminal offence under the laws of the foreign juris - diction.
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