Sanctions 2025

DENMARK Law and Practice Contributed by: Anders Amstrup Fournais and Sarah Bisgaard Møller, Hafnia Law Firm LLP

7. Designation, Compliance and Circumvention 7.1 Executive Body

5.2 Goods Concerning goods, see 5.1 Services .

6. Civil Litigation and Arbitration 6.1 Force Majeure There are no publicly available Danish court deci - sions that confirm that sanctions are a bar to the performance of contractual obligations, but it is the authors’ opinion that sanctions may well constitute force majeure, subject to the circumstances of the case and the provisions of the contract. Pursuant to Article 11 of Council Regulation (EU) No 269/2014 and Council Regulation (EU) No 833/2014, no claims in connection with any contract or trans - action whose performance has been affected by the Russia sanctions shall be satisfied, if such claims are made by any Russian person, entity or body – or by another person, entity or body acting on their behalf. Similar provisions apply across EU sanctions; see, for instance, the Belarus sanctions pursuant to Council Regulation (EC) No 765/2006, Article 8d. These provisions mean that, if a contract or trans - action is contrary to sanctions, a party in Russia or Belarus (or any party acting on their behalf) may not sue the non-Russian/non-Belarusian party for perfor - mance. Even beyond the scope of these provisions (eg, if the transaction does not involve parties in countries sub - ject to sanctions), issues of force majeure could arise if a contract or transaction is affected by the imposi - tion of sanctions. 6.2 Enforcement Enforcement issues have not been dealt with by the Danish courts.

There are no competent bodies for making designa - tion decisions in Denmark. Sanctions designation takes place within the EU. The development of sanctions regimes within the EU is a complex process involving different actors. All decisions to adopt, amend, lift or renew sanctions are taken by the EC following examination in the relevant EC working groups. EU member states are responsi - ble for the implementation of all sanctions within their respective jurisdictions. The High Representative of the Union for Foreign Affairs and Security Policy contributes through his/her proposals to the development of the Common Foreign and Security Policy (CFSP). Together with the EC, the High Representative ensures the unity, consistency and effectiveness of action by the EU in the area of CFSP. The European External Action Service (EEAS) assists the High Representative/Vice President in fulfilling his/ her mandate and has a key role in the preparation, maintenance and review of sanctions, as well as in the associated communication and outreach activities, in close co-operation with member states, relevant EU delegations and the European Commission. Concerning the legislative process of the EC regard - ing sanctions, the EEAS has a particular role to play. This includes preparing, on behalf of the High Rep - resentative, proposals for a decision and, jointly with the Commission, proposals for regulations that are subsequently reviewed and adopted by the EC. Deci - sions are binding on the member states themselves. Regulations are directly applicable within the EU and are binding on individuals and entities, including eco - nomic operators. For its part, the Commission presents proposals, joint - ly with the High Representative, for regulations. Once regulations are adopted, the Commission works to facilitate their implementation in the EU and address - es questions of interpretation by economic operators.

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