The Technidouanes expert indicates in a detailed technical report whether or not a good is subject to restrictive export measures against certain countries (Russia, North Korea, etc.) in application of international economic sanctions. .
These restrictive measures against certain countries have been put in place in the European Union, by means of Council regulations taken pursuant to resolutions of the United Nations Security Council and decisions of the Council of the European Union in within the framework of the Union's Common Foreign and Security Policy.
The countries subject to these sectoral restrictive measures relating to goods (hardware, software and technology), as part of these international sanctions, are indicated and highlighted in yellow below :
Considering
the table presented above, the export of goods in duplicate
use and other strategic assets referred to in the regulations
Belarus, North Korea, Iran, Iraq, Russia, Somalia, Syria and
Venezuela are strictly prohibited from export to these countries,
directly or indirectly, pursuant to section 38 of the Code
prohibitions and are not subject to any
derogation (export permits not permitted).
The
Treasury Department of the Ministry of Economy and Finance
publishes 'consolidated' regulations that incorporate all the
Updating regulations from the original regulations. The
texts and their appendices to be read to find out what are the assets
subject to sectoral restrictions are as follows:
the BELARUS Consolidated Regulation,
i.e. Regulation (EC) No 765/2006 of 18 May 2006 as amended
concerning restrictive measures in view of the situation in
Belarus and Belarus' involvement in the aggression
against Ukraine, including the list of goods in
Schedule X updated by several interim regulations;
the
NORTH KOREA Consolidated Regulation, i.e. Regulation (EU) No. 2017/1509 of 30 August 2017
concerning restrictive measures against the
Democratic People's Republic of Korea:
the list of goods set out in Annex II
;
the
IRAN Consolidated Regulation, i.e. Regulation (EU) 267/2012 of 23 March 2012 as amended
concerning restrictive measures against Iran; especially
the list of goods included in the
in Annex II
up-to-date by several interim regulations
; as well as Regulation (EU) 2023/1529
of 20 July 2023concerning restrictive measures in view of Iran's military support for Russia's war of aggression against Ukraine.
the consolidated SOMALIA regulation , i.e. Council Regulation (EU) No. 147/2003 of January 27, 2003 as amended, in particular the list of goods appearing in Annex III updated by several intermediate regulations;
the consolidated SYRIA regulation , concerning restrictive measures against Syria, i.e. Council Regulation (EU) No. 36/2012 of January 18, 2012 as amended, in particular the list of goods appearing in the annex up to date by several intermediate regulations;
the consolidated VENEZUELA Regulation , i.e. Council Regulation (EU) No. 2017/2063 of 13 November 2017 as amended, concerning restrictive measures due to the situation in Venezuela, in particular the list of goods appearing in Annex II updated updated by several intermediate regulations .
.During the first two years of the war in Ukraine,there was no implementing legislation aimed at sanctioning the illicit export of goods subject to restrictive measures against the countries concerned, while international sanctions on many goods under embargo against Russia (other than dual-use goods) were constantly being circumvented with the help of complacent countries.
This is why the Council and the Parliament of the European Union published Directive 2024/1226 of 24 April 2024 on the definition of criminal offences and penalties for violations of Union restrictive measures, requiring Member States to legislate in accordance with this Directive, within one year, to combat violations and circumvention of these international sanctions.
In France, pursuant to this European directive,Article 459 of the Customs Code(in force since June 13, 2024)immediately indicated that the import, export, sale or transfer of goods prohibited by European sanctions to Russia constituted acriminal offensein France, punishable by the following penalties:
Main penalty : up to5 years imprisonment.
Fine : equivalent to the minimumamount of the offense, up todoubleit at most.
Possibleadditional penalties :
exclusion from public procurement,
prohibition on receiving public aid,
prohibition to exercise a professional activity
confiscationof property related to the offense, confiscation of means of transport used for the fraud, confiscation of property and assets which are the direct or indirect product of the offense
