Best Sanctions & Export Controls Lawyers in Spain

About Sanctions & Export Controls Law in Spain

Sanctions and export controls are essential elements of international trade law, particularly relevant for companies and individuals involved in cross-border transactions. In Spain, these regulations are designed to prevent the trade and movement of certain goods, technologies, and services that may pose risks to national security, support terrorism, or violate international agreements. Spain adheres to both European Union (EU) regulations and United Nations (UN) resolutions on sanctions, as well as its own national measures. This legal framework governs how certain items can be exported, imported, or transferred, and restricts dealings with specific countries, individuals, or entities.

Why You May Need a Lawyer

Legal experts specializing in sanctions and export controls can offer critical guidance in various situations, including:

• Ensuring your business is compliant with export control laws before shipping goods abroad
• Responding to investigations or enforcement actions by Spanish or EU authorities
• Seeking licenses or authorizations for exporting dual-use or military items
• Navigating complex regulations when dealing with sanctioned countries or persons
• Conducting due diligence to prevent unintentional breaches during mergers, acquisitions, or partnerships
• Managing the legal risks of online or digital services that may fall under export controls
• Appealing fines, administrative penalties, or asset freezes linked to sanctions violations

If your business regularly operates internationally or deals with products and technologies subject to restrictions, consulting a legal specialist can help prevent costly mistakes and protect your operations.

Local Laws Overview

Spain implements a rigorous system of sanctions and export controls, mainly shaped by EU legislation and supplemented by national regulations. The following aspects are particularly significant:

• EU and National Sanctions: These measures can target countries, sectors, or individuals, restricting financial dealings, asset transfers, and trade.
• Export Controls for Dual-Use Goods: Items with both civilian and military applications require authorization for export outside the EU. The Reglamento (CE) nº 428/2009 forms the core legal basis.
• Military Goods: Export, import, and transfer of defense-related items are strictly regulated under Spanish Law 53/2007.
• Technology and Data Transfers: Not only physical goods, but also intangible technology transfers, such as technical assistance or electronic transmissions, can be subject to controls.
• Enforcement and Penalties: Breaches can lead to administrative or even criminal penalties, including significant fines and reputational damage. The Intervención General de la Administración del Estado and Customs are key bodies overseeing enforcement in Spain.

Businesses and individuals must keep abreast of frequent updates to sanctioned lists and control regimes to maintain compliance.

Frequently Asked Questions

What are sanctions and export controls?

Sanctions are legal restrictions imposed on specific countries, organizations, or individuals, often relating to political or security objectives. Export controls regulate the cross-border sale, transfer, or sharing of certain sensitive goods, technologies, and services.

Who enforces these laws in Spain?

The Spanish Ministry of Industry, Trade and Tourism, along with Customs and the Civil Guard, are primarily responsible for enforcement, in coordination with EU authorities.

Does EU law override Spanish national rules?

EU regulations on sanctions and export controls are directly applicable in Spain and generally take precedence. However, Spain may have additional national measures that complement or reinforce EU standards.

Are all exports subject to controls?

No, only specific categories of goods and technologies, such as dual-use items and military products, are subject to export controls. However, businesses must check if their products fall within the scope of these regulations.

What are dual-use items?

Dual-use items are products, software, or technologies that can be used for both civilian and military purposes. Exporting these from Spain to outside the EU usually requires special authorization.

How do I determine if sanctions apply to a transaction?

It is necessary to review up-to-date lists of sanctioned countries, organizations, and persons, along with sectoral restrictions. Legal support can help ensure your transaction does not violate current sanctions.

What penalties exist for breaching sanctions or export controls?

Penalties can include administrative fines, asset freezes, loss of export privileges, and, in severe cases, criminal prosecution.

How often do sanctions and controls change?

Sanctions regimes can change rapidly in response to international events. The lists of controlled goods and sanctioned entities are updated frequently, so regular monitoring is essential.

What steps should I take before exporting sensitive items?

Conduct a thorough due diligence process, verify the end-user and destination, check relevant control lists, and, if necessary, apply for an export license from the Ministry of Industry or competent authority.

Can a lawyer help reduce or eliminate penalties for past violations?

A qualified lawyer can assist in negotiating with authorities, preparing appeals, or demonstrating compliance efforts to mitigate penalties or resolve enforcement matters.

Additional Resources

For anyone seeking further information or guidance on sanctions and export controls in Spain, the following resources can be especially helpful:

• Ministry of Industry, Trade and Tourism (Ministerio de Industria, Comercio y Turismo)
• State Secretariat for Trade Controls (Secretaría de Estado de Comercio)
• Spanish Customs and Excise Authorities (Agencia Tributaria)
• European Commission - Directorate-General for Trade
• Financial Intelligence Unit (Sepblac)
• Official State Gazette (Boletín Oficial del Estado) for legislative updates
• Spanish Bar Association for lawyer referrals

Next Steps

If you are facing issues related to sanctions or export controls, or simply wish to ensure your business is in full compliance, consider the following steps:

• Gather all relevant documents and information about your proposed transaction or activity
• Review the most recent sanction and export control lists applicable to your products, services, and destinations
• Consult with a legal expert specializing in Spanish and EU sanctions and export controls for a compliance review
• If necessary, apply for the appropriate licenses or authorizations before making any export or shipment
• Ongoing: Establish robust internal compliance programs and provide training to relevant personnel

A proactive approach can help you avoid legal pitfalls and ensure your operations align with both Spanish and international regulatory requirements. If in doubt, seek professional legal advice tailored to your specific situation.