Sanksi terhadap Rusia: tanggung jawab pidana dan dampaknya terhadap kontrak Anda

Violating the EU sanctions against Russia is a criminal offence in the Netherlands. Under the Sanctions Act 1977 (Sanctiewet 1977) read with the Economic Offences Act (Wet op de economische delicten, WED), an intentional breach carries up to six years’ imprisonment or a fifth-category fine, and a non-intentional breach up to one year’s detention or a fourth-category fine (Article 6 WED).

For most businesses, the bigger effect is on existing contracts: performance can become prohibited overnight, payments can be blocked, and a Russian counterparty may lose the right to claim anything.

For the enforcement side, see our article on penegakan pidana sanksi internasional; for internal controls, see Kepatuhan terhadap sanksi bagi bisnis yang berdagang dengan Rusia, Iran, dan China..

What do the Russia sanctions prohibit?

Two EU regulations do most of the work. Regulation (EU) No 269/2014 freezes the funds of listed persons and entities and prohibits making funds or economic resources available to them, directly or indirectly; the question is who you deal with.

Regulation (EU) No 833/2014 bans categories of activity regardless of the counterparty: exports of dual-use goods, advanced technology and industrial goods, imports of products such as oil, coal, steel and gold, many financial transactions, and specified services to the Russian government and entities established in Russia. Both regulations apply directly in the Netherlands; the Sanctions Act 1977 and the ministerial Sanctions Regulation territorial integrity Ukraine 2014 (Sanctieregeling territoriale integriteit Oekraïne 2014) make breaches punishable and designate the competent authorities.

Why does the version matter?

The measures have been extended in successive packages since February 2022, each amending the two regulations. The 21st package was adopted on 23 July 2026; among other things it froze the oil price cap until July 2027 and listed further vessels, banks and companies.

A list downloaded three months ago is therefore not a compliance check. Record the date of each check and the version of the lists you used, because that is what an investigation will ask for. Our overview of sanksi tambahan terhadap Rusia follows the packages.

Who is bound?

The regulations bind anyone in the EU, all EU nationals wherever they are, every company incorporated in a member state, and any business done wholly or partly in the EU. A Dutch BV is bound for its worldwide activities.

Under Article 8a of Regulation 833/2014, an EU company must also use its best efforts to ensure that non-EU subsidiaries it owns or controls do not undermine the measures. A Dutch parent company should be able to show what steps it took.

Kapan suatu perusahaan dimiliki atau dikendalikan oleh orang yang terdaftar di bursa saham?

Under the EU Council’s best practices guidance, an entity is owned by a listed person if that person holds more than 50 per cent of the proprietary rights or a majority interest, directly or indirectly. Control is a separate test: the power to appoint or remove most of the board, to decide on the use of assets, or dominant influence through an agreement or the articles, even without any shares.

The 25 per cent threshold is a different test: it identifies the ultimate beneficial owner (UBO) under the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and says nothing about an asset freeze. See our article on the Investigasi KYC di bawah Wwft. Run the ownership and control analysis through the whole chain, and repeat it, because a counterparty can be caught the day its shareholder is listed.

What happens to a contract that is already running?

Four questions arise in order: may you still perform, must you still perform, who bears the loss, and can you get out. The answers depend on the sanctions regulation, Dutch contract law and your contract.

Pertunjukan menjadi dilarang

If a regulation prohibits the performance the contract requires, the failure to perform is in principle not attributable to the debtor (Article 6:75 BW), so the creditor cannot claim damages or performance. The creditor can usually dissolve the contract (Article 6:265 BW), which creates obligations to undo what was already performed. Read your force majeure clause first: many define force majeure narrowly.

A contract that already conflicted with a prohibition when it was concluded is void under Article 3:40 BW. A contract that becomes impossible later still exists and must be unwound. That difference decides what happens to payments and goods already delivered.

Keadaan yang tak terduga

If performance is still allowed but has become far more onerous, the court can amend or dissolve the contract for unforeseen circumstances (Article 6:258 BW). The bar is high, and for contracts concluded after February 2022 the risk of further sanctions was usually foreseeable. A hardship or renegotiation clause is the better route.

Klausul penangguhan, pemutusan hubungan kerja, dan sanksi

A sanctions clause that allows suspension or termination if a counterparty, or anyone in its ownership chain, is listed usually decides the matter. Without one, you rely on suspension (Article 6:262 BW), dissolution for non-performance, or termination of a continuing contract with a reasonable notice period. Make sure a new clause also covers control by a listed person, distinguishes suspension from termination, and says what happens to amounts paid.

Aturan tanpa klaim

Article 11 of Regulation 833/2014 provides that claims in connection with a contract affected by the measures may not be satisfied if made by the Russian government, a Russian person or entity, or someone acting on their behalf. This covers damages, indemnities and guarantee claims. A Dutch business that stops performing because of the sanctions is therefore protected against such claims; consider the risk of proceedings in Russia and whether a Russian judgment could be enforced here.

Can you still wind down or get an authorisation?

Often yes, but only within strict limits. Sanctions packages usually allow contracts concluded before a cut-off date to be performed for a limited period afterwards, including ancillary contracts needed to perform them.

Most prohibitions also allow the competent authority to grant an authorisation, for example for humanitarian purposes, to divest a shareholding, to wind down operations or to receive payment under an earlier contract. In the Netherlands the competent authority is set by the Sanctions Regulation; for releasing frozen funds it is the Minister of Finance. Apply well before the deadline and with complete documents.

What must your contracts say?

For defined categories of sensitive goods and technology, Article 12g of Regulation 833/2014 requires an EU exporter selling to a buyer in a third country to prohibit re-export to Russia or for use in Russia by contract. The contract must also provide adequate remedies for breach, and the exporter must inform the competent authority if it learns of a breach.

Expect to check the plausibility of the stated end use, unusual routes through countries whose trade with Russia has grown sharply, payment routes that do not fit the transaction and buyers with no history in the products. Record your questions and the answers: that record separates a business that was deceived from one that did not want to know.

The services bans also affect running engagements of Dutch advisers, accountants and IT suppliers with entities established in Russia. For lawyers, representation in proceedings and advice on compliance with EU law remain allowed; general commercial advice does not.

What happens to payments and frozen funds?

Funds of a listed person, or of an entity it owns or controls, are frozen by law. Freezing is not confiscation: the assets stay the holder’s property but may not be used or made available.

Anyone holding such funds, including a bank, a notary or a company that owes money to the listed party, must not pay out and must report to the competent authority. Banks also apply their own risk policy and may delay or refuse payments linked to circumvention risks. An institution subject to the Wwft must also report unusual transactions to FIU-Nederland; see our panduan pencucian uang di Belanda.

What happens when a breach is suspected?

Dutch Customs (Douane) detects most breaches at the border, the Fiscal Information and Investigation Service (FIOD) investigates, and the Public Prosecution Service (Openbaar Ministerie) decides whether to prosecute or offer a settlement. The FIOD can search premises, seize records and question directors and staff.

An intentional breach is a crime with a maximum of six years’ imprisonment, community service or a fifth-category fine (Article 6(1) WED). If the value of the goods involved exceeds a quarter of the maximum fine, the next higher category applies, and for a company the fine can then reach ten per cent of annual turnover (Article 23(7) of the Dutch Criminal Code). The court can also confiscate the profit.

If the FIOD contacts you, a suspect is not obliged to answer questions, and employees have their own position. Take advice before the first interview; see our article on prosedur pidana di Belanda.

What should you check as an exporter or supplier?

• List every contract with a counterparty in Russia or Belarus, and every contract for restricted goods, technology or services.
• Run the ownership and control test for each counterparty through the whole chain, and record the date and list version.
• Check whether a wind-down period or an authorisation applies before you perform.
• Include the no-re-export clause of Article 12g in contracts for the goods concerned.
• Check your sanctions, force majeure and suspension clauses.
• Freeze and report, rather than pay, when a counterparty turns out to be listed or controlled.

Apa yang harus Anda periksa sebagai seorang sutradara?

• Check that the company has a documented screening process that is repeated after every new package.
• Check how non-EU subsidiaries are steered under the best-efforts duty of Article 8a.
• Make sure staff know to escalate unusual routing or payment requests.
• Make sure no letter to a listed counterparty goes out without legal review.
• Arrange advice before anyone is interviewed by the FIOD.

What can we do for you with Russia sanctions?

Mitra pengacara kriminal and corporate lawyers advise companies and directors on the EU measures against Russia.

• We assess whether a transaction or counterparty is caught, including the ownership and control test.
• We review and renegotiate contracts affected by the measures and draft sanctions and no-re-export clauses.
• We prepare applications for authorisations and the release of frozen funds.
• We assess claims by Russian counterparties against the no-claims rule.
• We assist companies and individuals in FIOD investigations and proceedings brought by the Public Prosecution Service.

Ringkasan

• Breaches of the Russia sanctions are economic offences under the Sanctions Act 1977 and the WED, with up to six years’ imprisonment for intentional breaches.
• Regulation 269/2014 freezes assets of listed persons; Regulation 833/2014 bans categories of trade and services.
• Ownership means more than 50 per cent; control can exist without shares, and the 25 per cent UBO test is not a sanctions test.
• A prohibited performance is usually a non-attributable failure (Article 6:75 BW); a contract that breached a prohibition from the start is void (Article 3:40 BW).
• Claims by Russian parties connected with affected contracts may not be satisfied (Article 11 of Regulation 833/2014).

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