[vc_row][vc_column][vc_column_text]Doing business outside Spain is always complicated for a company, but the difficulty increases when it comes to countries with international sanctions. The exportation of goods restricted by the European Union to one of these territories may amount to a crime of smuggling, entailing prison sentences of between one and five years and fines of up to six times the value of the goods.
For its part, “secondary sanctions“, sanctions of the United States for maintaining relations with countries over which prohibitions weigh (such as those imposed on Iran in November 2018), can significantly complicate the access of a company to the North American market.
In addition, any SME that has interests in the US must take into account the possibility that the sanctions affect not only their presence in that country, but also a possible resolution of contracts and licenses with commercial partners or suppliers from that territory.
For that reason, companies must act with great caution but without fear. The fact that some countries are sanctioned is not an insurmountable obstacle to conducting business with them. Of course, it is essential that SMEs have legal advice, since each operation requires a tailor-made suit.
These are the countries that are being targeted by the UN, the EU or the United States:
- Bosnia Herzegovina
- Central African Republic
- Ivory Coast
- Democratic Republic of Congo
- Democratic People’s Republic of Korea
- United States of America
- Myanmar (Burma)
- South Sudan
- Sri Lanka
- Ukraine (Crimea)
- It must be very clear the sector where it is going to operate and with which natural and legal persons of that country it is going to maintain commercial relations.
- A preliminary analysis must be made of the restrictions or controls to which the merchandise may be subject.
- SMEs must perform an analysis to take into account both direct and indirect sanctions and, once all are identified, it is necessary to review if they would affect your business and to what extent.
Contact the Department of International Operations for an analysis of your business and risks at [email protected]
How can we help?
These are the services we offer in relation to sanctions:
- Analysis and advice on the Antidote Law (Regulation 2271/96).
- Address in extrajudicial and judicial procedural phase before European courts from the filing of the claim to the last instance.
- Litigation before Spanish courts.
- Actions of damages against claimants.
- Structuring of assets.
- Practice with sanctioned countries (investment protection), particularly Cuba, Iran, Russia and Ukraine.