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Sanctions and export controls law governs the restriction and regulation of goods, services, technology, and financial transactions in and out of France, especially when these cross national borders. It aims to achieve foreign policy, national security, and international peace objectives by controlling whom French businesses can deal with, what goods can be sent overseas, and how technology, know-how, and financial assets are transferred. France enforces its own rules and complies with international regulations, including European Union (EU) sanctions, United Nations (UN) sanctions, and export control regimes. French companies and individuals must understand and comply with these stringent rules to avoid fines, penalties, or criminal prosecution.
Sanctions and export controls are complex and can have severe legal and financial consequences if not properly managed. You may need a lawyer if:
Lawyers can help interpret legal texts, advise on best practices, prepare applications, respond to regulatory requests, and defend you in proceedings.
France applies a combination of domestic laws, EU regulations, and international statutes concerning sanctions and export controls. Key aspects include:
Sanctions are restrictive measures that limit or ban certain commercial or financial activities with targeted countries, groups, or individuals. In France, sanctions are imposed by the United Nations, the European Union, and by French authorities.
Export controls are legal restrictions or licensing requirements on sending goods, software, technology, or services from France to foreign entities. This includes dual-use goods, military items, and cryptographic products.
Export licenses are required for certain items, especially military goods, dual-use products, and technology subject to control lists. Whether you need a license depends on the type of product, its destination, end-use, and end-user.
Dual-use goods are items, software, and technology that can be used for both civilian and military purposes. Exporting these goods typically requires authorization from the French authorities.
You should consult the official published sanctions lists, maintained by the French Treasury and the European Union. Screening your partners against these lists is essential before engaging in any transaction.
Penalties range from administrative fines and loss of export privileges to criminal prosecution, including prison sentences and heavy fines. Violators may also suffer reputational damage and bans from public contracts.
In some cases, you can apply for licenses, exemptions, or waivers for specific transactions, particularly for humanitarian activities or other special circumstances. These are granted at the discretion of the relevant French authorities.
The French customs authority, the French Treasury, and the Service des Biens à Double Usage (SBDU) under the Ministry of Economy and Finance are responsible for enforcement and administration of these laws.
Risks include inadvertent violation of complex rules, especially during mergers, acquisitions, or expansion, dealing with sanctioned persons, or failing to obtain necessary licenses. This could lead to costly investigations and sanctions.
A lawyer can assess compliance, advise on risk mitigation, draft internal policies, support license applications, handle disputes with authorities, and represent you during investigations or legal proceedings.
Here are some useful resources and organizations related to sanctions and export controls in France:
These organizations can provide official guidance, application forms, and answers to practical queries.
If you believe you may be affected by French sanctions or export controls, or if you are unsure about your compliance obligations, you should:
Taking swift and informed action now can prevent costly mistakes and ensure that your international operations remain compliant with French and international law.
