|Isle of Man||Italy|
Yes, Austria does implement UN sanctions into domestic law. As an EU member state, all EU sanctions that are usually issued by way of an EU regulation are directly applicable.
Yes, the regime mainly consists of the implementation of sanctions enacted by international organizations that Austria is a member of, for example the OSCE or the UN. Most of this is
covered by the Sanctions Act 2010 (“Sanktionengesetz 2010”, SanktG) with some implications in the Foreign Trade Act (“Außenwirtschaftsgesetz”, AußWG) as well. The Sanctions Act 2010 regulates the implementation of internationally binding sanctions of the UN or the EU including directly applicable sanctions of the EU.
There are both financial and trade sanctions in place. To the extent necessary to implement internationally binding sanctions of the UN or the EU, the Austrian National Bank is authorized to order by regulation or decision the measures listed:
The freezing of the assets of:
The prohibition of making assets directly or indirectly available for the benefit of the persons and entities listed above.
The enactment and repeal of the regulations referred to above requires the approval of the Federal Government; in case of imminent danger the approval of the Federal Chancellor is sufficient.
To the extent necessary to implement internationally binding sanctions of the UN or the EU , the Federal Government is authorized to order by regulation or decision the measures listed:
The enactment of regulations, as referred to above, by the Federal Government requires the consent of the main committee of the National Council (the upper chamber of the Austrian Parliament).
As far as travel restrictions against persons were adopted in internationally binding sanctions by the UN or the EU, the Federal Minister of the Interior may prohibit such persons entry into and transit through the Republic of Austria.
There is no complete list available at the moment as there are international sanctions in place that are implemented by Austrian legal provisions and EU regulations that are directly applicable, each of them containing their own lists.
Certain goods and materials require specific authorizations for export outside the EU, which will not be given if the recipient individual, organization or country is subject to any applicable sanctions. These goods are weapons, munitions, certain chemicals, dualuse goods and similar items in general, however, it is possible for the Austrian ministry for economic affairs to submit other goods to the export control regime.
The Sanctions Act differs between Judicial Penalties and Administrative Penalties. Penalties for breaching sanctions can amount to a fine of up to EUR 100,000 or imprisonment of up to two years, depending on the actual breach. Further, companies may be liable according to the Association Responsibility Act (“Verbandsverantwortlichkeitsgesetz”).
Penalties here can amount to up to EUR 700,000. Please note the Sanctions Act and the Association Responsibility Act require at least conditional intent for liability for Judicial Penalties (at least negligence for Administrative Penalties).
Anyone who imports, exports or transits goods which require an authorization, without authorization, commits a further financial offence according to the Foreign Trade Act (“Außenwirtschaftsgesetz”, AußWG). Financial offences are punishable by a fine of up to EUR 20,000. Negligence shall also be punishable in this case.
Several possible criminal acts in connection to sanctions may be punished with imprisonment of up to five years, but these require further acts like forging documentation associated to export applications.
The Austrian Ministry for Interior Affairs is the competent authority regarding the application of sanctions themselves, except for financial sanctions that are regulated by the Austrian National Bank (“Österreichische Nationalbank”, ONB).
Austrian Ministry for Interior Affairs
T: (+43) 1 531 26 0
Austrian National Bank (“Österreichische Nationalbank”)
OeNB Head Office,
(PO Box 61, 1011 Vienna)
T: (+43) 1 404 20 0, (+43) 1 401 6035611
F: (+43) 1 404 20 042399
The regulations on the export of goods are administrated by the Austrian Ministry for Economic Affairs.
Austrian Ministry for Economic Affairs
T: (+43) 1 711 00 0
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