Amendment to the law: New Section 14 Paragraph 3 of the Residence Act prohibits entry of sanctioned persons – does Global Mobility need to take action?

An inconspicuous update in the Federal Law Gazette marks a security policy adjustment in German migration policy and international travel management. What at first glance appears to be a purely technical adjustment, upon closer inspection reveals itself to be a legal minefield for companies, tour operators, and relocation experts. Anyone who previously believed that sanctions lists were only relevant to bankers and exporters now needs to reconsider. The German government has tightened the screws and is making the assistance of sanctioned individuals entering the country a criminal offense .

The new legal provision: Entry ban according to § 14 para. 3 of the Residence Act.

The core of the legal amendment lies in the introduction of Section 14 Paragraph 3 of the Residence Act (AufenthG) . This provision establishes a strict prohibition: Persons who are specifically named in sanction decisions of the Council of the European Union and for whom an entry or transit ban exists may no longer be permitted to enter or transit through Germany . Previously, border officials often had to rely on complex administrative orders and operational decrees, which led to legal uncertainty in practice. By anchoring this provision in formal law, a clear legal basis has now been created that directly corresponds to EU Directive 2024/1226 . This directly translates European sanctions law into German primary law, significantly expanding the scope of action for authorities and simultaneously clarifying the obligations of private actors.

The risk of the new Section 95a of the Residence Act

This entry ban is accompanied by a penal provision that is particularly alarming to us as legal professionals. The newly created Section 95a of the Residence Act stipulates prison sentences of three months to five years for intentionally assisting a sanctioned person in crossing the border . The regulation is especially explosive for the commercial sector: anyone who facilitates entry for commercial purposes or as a member of an organized group faces a minimum sentence of one year. This puts transport companies, airlines, and even internal HR departments in the crosshairs of law enforcement. Mere administrative fines are a thing of the past; the Federal Republic is signaling unequivocally that violations of the sanctions regime will henceforth be considered serious crimes.

Massive impact on the travel industry and airlines

For airlines and ground handling services, this legislative change means an immediate adjustment of their departure control systems (DCS) . Watchlists must be checked against the EU's consolidated sanctions lists in real time. A lapse in the boarding process is no longer merely an organizational oversight, but can directly lead to criminal liability for management. The Federal Police are also paying particular attention to the business aviation sector. In a recent circular, terminals for private jets , which are frequently used for the discreet movement of VIPs, were urged to exercise "increased diligence." The transmission of passenger lists in real time is no longer just a recommendation, but a mandatory requirement for smooth operations.

Compliance obligations for multinational companies

Multinational corporations now face the challenge of fundamentally revising their workflows for employee secondments , short-term expert visits, or executive visits. We would like to point out that the criminal liability under Section 95a of the German Residence Act (AufenthG) can potentially affect anyone who facilitates entry – from relocation consultants to HR staff who organize airport transfers. To be able to rely on an effective due diligence defense in a worst-case scenario, internal compliance teams must train their employees and meticulously document every check. Particularly for travelers from high-risk jurisdictions such as Russia, Iran, or North Korea, intensified vetting is essential, as the likelihood of being listed is significantly higher in these cases.

Humanitarian exceptions and logistical delays

The humanitarian aid sector is also affected by these stricter regulations. NGOs wishing to transport sanctioned individuals for medical reasons or diplomatic talks now require explicit authorization from the Federal Foreign Office. It is expected that processing times for visas and entry permits will increase significantly, as the new legislation has made official review processes more complex. Mobility managers should therefore allow considerably more lead time when planning trips to avoid unpleasant surprises at the border or in transit.

Conclusion: Proactive testing is the only safety factor.

In summary, the amendment to the Residence Act has shifted the responsibility for compliance with sanctions largely to the private sector. The days when sanctions lists played only a minor role in travel management are definitively over. Companies must now take action to protect their employees and managers from criminal prosecution. We strongly recommend implementing automated screening procedures that check every travel movement against the current lists.

Would you like us to review your current business travel compliance policies in light of the new paragraphs of the Residence Act? Contact us!