A/74/969
10. A number of States indicated that their national laws provided for penalties for
breaches of relevant regulations, ranging from fines to lengthy prison terms for
offences committed with aggravating circumstances. 13 In its submission, Germany
stated that penalties for wilful violations of the European anti-torture regulation
included imprisonment for a term of up to five years, while the term could be
increased to as much as 15 years for serious cases. Several States indicated that there
had been no investigations, prosecutions or convictions for breaches of laws
regulating trade in goods used for capital punishment, torture or other forms of ill treatment. 14 Other States indicated that they had no relevant information or did not
collect such data. 15
__________________
13
14
15
20-10185
subject to the prior approval of the Ministry for Europe and Foreign Affairs, the Ministry of the
Armed Forces, the Ministry of the Interior and, where relevant, the Ministry of Culture; in
Germany, the Federal Office for Economic Affairs and Export Control; in Greece, t he Ministry of
Development and Investments, Directorate for Trade Regimes and Defence Instruments; in
Ireland, the Department of Business Enterprise and Innovation; in Italy, the Ministry of Foreign
Affairs and International Cooperation – National Authority – Military Goods Licence Unit; in
Latvia, the Division of Export Control of Strategic Goods of the Ministry of Foreign Affairs and
the customs authority; in Lithuania, the Police Department under the Ministry of the Interior and
the State Medicines Control Agency under the Ministry of Health; in Luxembourg, the Office for
Export, Import and Transit Controls in the Ministry of the Economy; in Malta, the Commerce
Department within the Ministry for the Economy, Investment and Small Business; in Mongolia,
the General Customs Authority; in the Netherlands, the Ministry of Foreign Affairs; in Norway,
the Ministry of Foreign Affairs; in Poland, the Ministry of Economic Development; in Romania,
the Trade Policy Directorate, Ministry of the Economy, Energy and Busi ness Environment; in
Serbia, the Ministry of Trade, Tourism and Telecommunications and the Ministry of Finance,
Customs Administration; in Slovakia, the Ministry of the Economy; in Slovenia, the Ministry of
Economic Development and Technology; in Spain, th e Secretariat of State for Trade in the
Ministry of Industry, Trade and Tourism; in Sweden, the National Board of Trade; and in the
United Kingdom of Great Britain and Northern Ireland, the Department for International Trade
and Her Majesty’s Revenue and Customs.
In Croatia, in respect of Regulation (EU) 2019/125, there are fines for administrative breaches
and imprisonment for a term of six months to five years for breaches such as circumvention of
customs control or illicit trade under the Penal Code of the Republic of Croatia. In Estonia, the
Penal Code provides for a pecuniary punishment or imprisonment for a term of up to five years.
If committed by a group or committed at least twice, a breach is punishable by imprisonment for
a term of 2 to 10 years. The carriage of prohibited strategic goods or the provision of services
relating to prohibited strategic goods (section 421 2) is punishable by imprisonment for a term of
3 to 12 years. The same act, if committed by a group or committed at least tw ice, is punishable
by imprisonment for a term of 5 to 20 years. In France, the penalty is a prison term of three
years, a fine of between one and two times the value of the goods and confiscation of the goods,
with heavier penalties if the offence is committed by an organized group. In Germany, penalties
for wilful violations of Regulation (EU) 2019/125 include imprisonment for a term of up to 5
years, or up to 15 years in serious cases. Negligent violations can result in a fine of €500,000.
Violations are investigated and prosecuted either by the public prosecutor’s office or, in the case
of negligent violations, by the customs authorities. In Greece, violations of Regulation (EU)
2019/125 can result in either the cessation of business activity for up to on e year or a fine of up
to €100,000. In Lithuania, breaches of Regulation (EU) 2019/125 are administrative offences; the
penalty is a fine of up to €6,000, with confiscation of the goods. Penal sanctions consist of
imprisonment for up to four years. In Slovakia, breaches of Regulation (EU) 2019/125 are a
criminal or administrative offence. Penalties for violations of the regulation range from €16,560
to €33,120.
Andorra, Croatia, Cyprus, Czechia, Finland (provided information only on prosecutions and
convictions), Indonesia, Ireland, Italy, Latvia, Luxembourg, Malta (provided information only on
prosecutions), Mexico, New Zealand, Poland, Portugal, Romania, Slovenia, Sweden and United
Kingdom of Great Britain and Northern Ireland (provided information relating to the period since
2010). Belgium indicated that there had been no prosecutions or investigations in 2019.
Argentina, Austria, Belgium (with regard to investigations), Denmark, France, Finland (with
regard to investigations), Germany, Greece, Lithuania, Portugal, Slovakia and Spain.
5/13