Three NGOs—Syrian Archive, TRIAL International, and Open Society Justice Initiative—have filed criminal complaints in Antwerp, Hamburg, and Essen, urging prosecutors to investigate whether BASF Antwerpen NV, Sasol Germany GmbH, and Brenntag AG (including its Swiss subsidiary) violated EU sanctions by shipping dual-use chemicals to Syria in 2014. The case highlights compliance risks for chemical supply-chain firms handling restricted precursors.
Background of the complaints
The complaints are based on export documents and an NGO investigation indicating that the three companies may have been involved in shipping isopropanol and diethylamine to Syria via Switzerland in 2014. At that time, both chemicals were on the EU dual-use list and required prior authorization for direct or indirect export to Syria under EU sanctions. The NGOs argue that EU sanctions also apply to actions by EU citizens outside the bloc.
Regulatory responses
Belgium's competent export agency stated it received no authorization request for diethylamine exports from Belgium to Syria as final destination. Germany's export control agency said it did not authorize such shipments during the relevant period. The NGOs now seek to determine whether the companies circumvented sanctions.
Buyer and recipient links
The investigation shows that in 2014, the Syrian buyer Mediterranean Pharmaceutical Industries (MPI) was led by Abdul Rahman Attar, a businessman closely linked to senior Syrian government figures and suspected of attempting to evade US sanctions. Attar had close business ties with Cham Holdings, sanctioned in Switzerland and the EU since 2012, and in the US and Canada since 2011.
Chemical significance
Isopropanol can be used to produce sarin gas, a deadly chemical agent used by the Syrian government against civilians. Diethylamine is used in the production of VX, a potent nerve agent found in Syria's chemical weapons stockpile. The export of 5,000 kg of isopropanol occurred after the OPCW announced in May 2014 that Syria had destroyed its 120-tonne isopropanol stockpile.
What buyers should watch
Chemical importers and distributors handling dual-use precursors must ensure robust due diligence on end-users and destinations, especially in sanctioned regions. The case underscores that EU sanctions apply extraterritorially to EU citizens and companies, and that even indirect shipments via third countries like Switzerland may trigger liability. Firms should review their compliance protocols for restricted chemicals.
Company statements
All companies involved maintain their actions were compliant with applicable sanctions regulations. Novartis, whose subsidiary licensed MPI to produce Voltaren gel using the two chemicals, stated that its due diligence on MPI revealed no red flags. The Swiss State Secretariat for Economic Affairs (SECO) said in April 2018 that the isopropanol shipment from Switzerland was legal under Swiss law, noting the client was a private Syrian pharmaceutical company with no known government links at the time.
Source: Read the original report | Published: June 03, 2019