Austria

Global sanctions guide

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  1. Does Austria have a sanctions regime in place?

Yes.

  1. Does Austria implement UN sanctions?

Yes. Austria is a member of the European Union, which implements UN sanctions in all member states by way of directly effective regulations.

  1. Does Austria implement an autonomous sanctions regime?

Yes.

  1. What is the nature of the sanctions regime in Austria?

Austria’s main sanctions legislation is the Sanctions Act 2010 (“Sanktionengetsetz”) and Foreign Trade Act 2011 (“Außenwirtschaftsgesetz”), which give UN and EU sanctions effect in Austrian law. Austria also enacts sanctions as a result of its membership of international bodies, such as the Organisation for Security and Co-operation in Europe.

The Federal Ministry of the Interior is responsible for applying all sanctions except financial sanctions. To do so, it may, with the consent of the National Council, take steps such as seizing property and transport, prohibiting the supply of goods and services to certain individuals, restricting individuals from travelling to and from Austria, and exempting third parties from their contractual obligations towards certain individuals.

The Austrian Nationalbank is responsible for applying all financial sanctions. To do so, it may take steps such as freezing assets belonging to sanctioned entities or people involved with terrorism.

The Federal Ministry of Science, Research and Economy controls the export of goods from Austria – detailed below.

  1. Does Austria maintain a list of sanctioned individuals and entities?

No. Austria relies on UN and EU sanctions lists.

  1. Are there any other lists related to sanctions?

No.

  1. Does Austria have a licensing or authorisation system in place?

Yes. The Austrian Federal Ministry of Science, Research and Economy controls the export of goods. The export of certain goods outside the EU (such as weapons, munitions, certain chemicals, and dual-use goods) must be authorised by this Ministry. Authorisation will not be given if the destination country, organisation or individual is subject to sanctions.

  1. What are the consequences for a breach of sanctions in Austria?
  • individuals who intentionally breach sanctions may be fined up to €100,000 and/or imprisoned for up to 2 years (Sanctions Act 2010, or “Sanktionengetsetz”);
  • companies which intentionally breach sanctions may be fined up to €700,000 (Association Responsibility Act 2005, or “Verbandsverantwortlichkeitsgesetz”);
  • individuals who intentionally or negligently import, export or transit goods without required authorisation may be fined up to €20,000 (Foreign Trade Act 2011, or “Außenwirtschaftsgesetz”);
  • individuals guilty of acts relating to the breach of sanctions, such as forging export documentation, may be imprisoned for up to 5 years.
  1. Who are the relevant regulators in Austria and what are their contact details?

The Federal Ministry of the Interior is responsible for applying all sanctions except financial sanctions.

Herrengasse 7
1010 Vienna
Austria

T: (+43) 1 531 26-0
http://www.bmi.gv.at/cms/bmi/_news/bmi.aspx

The Austrian Nationalbank is responsible for applying financial sanctions.

OeNB Head Office
Otto-Wagner-Platz 3
1090 Vienna (PO Box 61, 1011 Vienna)
Austria

T: (+43) 1 404 20-0, (+43) 1 401 6035611
F: (+43) 1 404 20-042399
http://www.oenb.at/en

The Austrian Federal Ministry of Science, Research and Economy regulates the export of goods.
Federal Ministry of Science, Research and Economy
Stubenring 1
A-1011 Vienna
Austria

T: (+43) 1 71100-0
http://www.en.bmwfw.gv.at/Seiten/default.aspx

Contributor law firm

Aurelius Freytag, Eversheds, Stolitzka & Partner Rechtsanwälte OG Kärntner Ring 12, Vienna, 1010, Austria