For criminal prosecution to be warranted, three elements must be satisfied:
- A legal or natural person, or the responsible person of a legal person, has committed a violation under Article 28 of the law; [Note: the blue text should link to the Strategic Trade Control Enforcement page]
- The violation was intentional; and
- The violation resulted in serious consequences for security of the state, foreign policy, or public security.
A court can issue the following penalties, if a person is convicted of a crime:
- Imprisonment of 1 to 10 years or a fine of up to 30,000 euros
- In exceptional cases, a person may be punished with a fine equaling quadruple the value of the goods
- Court order for the seizure of the goods that are part of the offense
- The natural or legal person who willfully commits a violation of the law may be subject to the prohibition of the exercise of business activities