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For companies subject to U.S. economic sanctions regimes, compliance is complicated by Regulation (EC) No 2271/96 (EU Blocking Regulation), which was updated in 2018 in light of the U.S. position on Iran. An illustration of this can be found in the recent judgement by the Court of Justice of the EU (CJEU) (Grand Chamber) in Bank Melli Iran v Telekom Deutschland.

Click here to read the full GT Alert.

Tags: CJEU, Court of Justice, economic sanctions, GT Insight, international trade, Iran, Technology Media & Telecommunications
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Photo of Erik de Bie Erik de Bie

Erik de Bie is an attorney-at-law focused on international trade, customs and VAT matters. Erik counsels clients in European trade, export control, sanctions, customs and VAT related matters. He also represents clients in litigation.

He concentrates his practice on compliance with EU trade…

Erik de Bie is an attorney-at-law focused on international trade, customs and VAT matters. Erik counsels clients in European trade, export control, sanctions, customs and VAT related matters. He also represents clients in litigation.

He concentrates his practice on compliance with EU trade, sanctions and compliance rules. He assists companies to lawfully export goods, technology, and services around the globe, prioritizing practical, workable strategies for complex regulatory situations, including compliance with the growing number of sanctions. Conducting and managing internal reviews and risk mitigation are an important focus area.

Erik advises clients in customs, VAT and related matters, including support with setting up and restructuring distribution. and supply chains. Erik is regularly representing companies in (cross-border) consultations with the authorities, including disclosure matters.

Erik is experienced in representing companies before Dutch Tax and Customs Courts, the Dutch Supreme Court, the European Commission, and the European Court of Justice.

Erik is a member of the firm’s Tariff Task Force, a multidisciplinary initiative that draws on the firm’s global platform to guide our clients through what comes next in regards to tariffs, including tariff refund matters, tax, litigation, and M&A activity spurred by these global shifts.

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Photo of Kara M. Bombach Kara M. Bombach

Kara Bombach assists companies and organizations to lawfully export goods, technology and services around the globe. She places emphasis on helping clients achieve practical, workable solutions to complex regulatory situations arising under anti-corruption and anti-bribery measures (U.S. Foreign Corrupt Practices Act (FCPA) and

…

Kara Bombach assists companies and organizations to lawfully export goods, technology and services around the globe. She places emphasis on helping clients achieve practical, workable solutions to complex regulatory situations arising under anti-corruption and anti-bribery measures (U.S. Foreign Corrupt Practices Act (FCPA) and OECD Convention), export control laws (EAR and ITAR), anti-boycott laws, and special sanctions (embargoes) maintained by the U.S. government (OFAC and other agencies) against various countries (including Iran, Cuba and Russia), entities and individuals. In cases of foreign investment in the United States, Kara advises on the Exon-Florio provisions relating to U.S. national security concerns. She represents companies before the Committee on Foreign Investment in the United States (CFIUS), and also assists clients in mitigating foreign ownership, control or influence (FOCI) as may be required by CFIUS or U.S. national industrial security regulations.

Kara regularly represents clients in matters before U.S. government agencies, including the U.S. Departments of Commerce, State, Treasury and Defense. Kara has significant experience representing individuals and entities before OFAC in delisting matters and challenges to OFAC sanctions designations.

She advises national and multi-national companies (including Fortune® 5) on best practices in the development and delivery of compliance policies and procedures, training, and risk assessments, as well as executing cross-border export, sanctions and anti-corruption due diligence in mergers and acquisitions, targeted internal risk assessments, and compliance investigations.

Kara also counsels international not-for-profit and relief/aid organizations on best practices in economic sanctions, trade, and anti-corruption compliance issues that arise in their global operations, frequently in challenging and austere environments. She has provided legal services to organizations such as Save the Children (US), ONE Campaign, Mercy Corps, the International Committee of the Red Cross, Not on Our Watch/The Sentry, and The Enough Project.

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Photo of Hans Urlus Hans Urlus

Hans Urlus focuses his practice on antitrust and competition issues affecting clients in various industry sectors, and handles competition matters on both the domestic and cross-border level, with a concentration on vertical competition law issues regarding market entry strategies. Hans has vast experience…

Hans Urlus focuses his practice on antitrust and competition issues affecting clients in various industry sectors, and handles competition matters on both the domestic and cross-border level, with a concentration on vertical competition law issues regarding market entry strategies. Hans has vast experience advising clients on EU and national competition law, and EU regulatory issues, including handling complex multi-jurisdictional mergers and acquisitions.

Hans also coordinates inbound and outbound FDI with respect to China and represents international clients in all legal and regulatory aspects of international trade, commercial agency, and franchise and distribution law issues. He is also involved in litigation and arbitration in relation to these matters. In addition, Hans also counsels various multinational clients on Dutch corporate law and governance obligations regarding holding activities.

Hans also deals with other regulatory aspects of EU law and the Dutch implementation thereof, such as the Anti-Money Laundering (AML) and Anti-Terrorist Financing Act (in Dutch: Wet ter voorkoming van witwassen en financieren van terrorisme (Wwft)).

With more than 30 years of experience in the regulatory field, Hans has advised on numerous cases involving the introduction of various regulated products into the EU market.

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Photo of Robert Hardy Robert Hardy

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:…

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:

  • Antitrust Litigation & Competition Regulation
  • International Trade
  • Regulatory & Compliance.

Antitrust Litigation & Competition Regulation

Robert’s practice covers a wide range of issues under European and Dutch competition law. He represents clients before the European Commission (EC), the Dutch Competition Authority (ACM), the Dutch administrative law courts, and the EU courts in matters relating to cartel defense, abuse of dominance, merger control, and State aid proceedings. Additionally, he represents clients before the Dutch civil law courts on issues relating to antitrust damages claims.

International Trade

Robert provides clients with guidance on ex-U.S. foreign investment review – e.g., foreign direct investment (FDI) / national security regimes –, intellectual property – standard essential patents (SEPs) and FRAND licensing disputes before the Dutch civil law courts –, transactions, import and export controls, and sanctions.

Regulatory & Compliance

Robert advises clients on a diverse range of EU and Dutch regulatory frameworks that impact business matters. He provides proactive and responsive advice and legal risk assessments to clients, assisting with day-to-day business transactions, counseling on the applicability and effect of regulations, and providing guidance on how to mitigate the risks of potential enforcement actions – e.g., helping clients build effective yet practical internal compliance programs, and advising companies on commercial agency, distribution, and franchise arrangements.

Robert is a member of the Amsterdam Sustainability Desk. The Sustainability Desk is available daily and provides assistance and support for real estate sustainability inquiries in the Netherlands and the EU. Please visit our dedicated Sustainability Desk page for more information.

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