Liability for Violations of Sanctions Restrictions
Legal support on issues of bringing to legal liability for violations of sanctions restrictions
Sanction restrictions have significantly changed business activities and the procedure for interacting with counterparties. For further successful functioning, businessmen have to take into account the imposed sanctions restrictions, rebuild and adjust business processes to such changes that have significantly affected a large number of types of business activities.
However, not all entrepreneurs approach sanctions restrictions responsibly and continue to interact with counterparties and import sanctioned goods, despite the imposed bans and restrictions. The practice of bringing to responsibility for violation of sanctions restrictions by entrepreneurs is in the process of formation. As a rule, decisions on bringing to administrative responsibility are issued by the customs authorities.
Often, under article 16.3 of the Code of Administrative Offenses of the Russian Federation, non-compliance with prohibitions and (or) restrictions on the import of goods into the customs territory of the EAEU or into the Russian Federation and (or) the export of goods from the customs territory of the EAEU or from the Russian Federation is brought to administrative responsibility. When considering these cases, it was established that Decree of the President of the Russian Federation of August 6, 2014 No. 560 “On the application of certain special economic measures to ensure the security of the Russian Federation” and Decree of the Government of the Russian Federation of August 7, 2014 No. 778 “On measures to implement the decrees of the President RF…”. In most cases, entrepreneurs appealed against the decisions of the customs authorities, but in all the decisions made, the decisions on bringing to responsibility were left unchanged.
Considering that the majority of sanctions restrictions are related to foreign economic activity, it is this area of interaction between entrepreneurs that sanctions have the widest impact, however, settlements for such transactions are carried out in the currency of a foreign state, in connection with this, foreign exchange transactions have become under special state control. This is due to the fact that in connection with the imposed sanctions restrictions, the state began to more carefully control such transactions, limit the amount of foreign exchange transactions and require reporting on currency-related transactions. Together with the control over foreign exchange transactions, the supervisory authorities began to hold accountable for violation of the restrictions established by the state in this area.
It is important to note that the number of regulatory documents regulating legal relations within the framework of sanctions restrictions is increasing almost daily, and often entrepreneurs violate this or that regulatory document not intentionally, but out of ignorance of the existence of a legislative act restricting or additionally regulating some industry. In this regard, compliance with sanctions restrictions when doing business is becoming an important element of the business process. As a rule, for the full functioning of the company, managers decide to engage a qualified lawyer in order to bring the company's activities to the requirements of the law in the face of sanctions restrictions and minimize the risks of being held liable.
The risks of being held liable for violations of sanctions restrictions often arise due to non-compliance with the requirements of the legislation governing this area. And given the large amount of legislation being adopted in this area, including amendments to existing regulations, it becomes a difficult process for an unprepared entrepreneur to track all the processes of transformation of legislation on his own. This can lead to a violation of the law governing sanctions restrictions, resulting in the prosecution of the company's management, its owners or entrepreneurs.
At the same time, if the regulatory authorities detect a violation under the sanctions legislation, it is often also decided to involve a qualified and experienced lawyer to handle the case. The participation of a qualified lawyer in cases of prosecution for violation of sanctions restrictions allows entrepreneurs to:
- Get qualified legal assistance in case of being held liable.
- With proper business management, minimize the level of responsibility.
- An invited specialist will handle all the necessary documents, which will allow the entrepreneur to reduce the time to participate in such a process.
It should be emphasized that the competent conduct of business activities, taking into account the requirements of the law established within the framework of sanctions restrictions, reduces the risk of holding business owners liable and allows you to fully engage in business.
- Advising clients on issues of sanctions restrictions and bringing to responsibility for the facts of their violation
- Preparation of necessary documents in cases of prosecution for violation of sanctions restrictions
- Representation of interests of clients in case of prosecution
- Support of the organization’s activities within the framework of sanctions restrictions