The EU Will Criminalize The Violation Of Sanctions

Violation of EU sanctions will be criminalized in the Union.

The Spanish Presidency of the Council of the EU and the European Parliament have concluded negotiations on European legislation that would introduce criminal acts and penalties for violating sanctions. The directive ensures that those who breach or circumvent the restrictive measures will be prosecuted.

The announcement came hours after the Council and Parliament agreed on European legislation to allow the confiscation of criminal assets. The measures will also affect violators of EU sanctions when the relevant directive comes into force.

This is particularly important in the context of Russian aggression against Ukraine, the Council and Parliament noted. The law states that member states will have to define certain acts as criminal. These acts include:

• Helping EU-sanctioned persons circumvent the travel ban;
• Trading in sanctioned goods and carrying out transactions with countries or companies affected by EU restrictive measures;
• The provision of financial services or the performance of financial activities that are prohibited or restricted;
• The concealment of the ownership of funds or economic resources by a person, company or body affected by European sanctions.

Inciting, aiding and abetting these criminal acts will also be punished as a criminal act.

Trafficking in military materials will constitute a criminal act not only when it is intentional but also when it is carried out with gross negligence.

Member States must ensure that breaches of EU sanctions are punishable by effective, proportionate and dissuasive measures.

Where the breach of a restraining order is intentional, the maximum penalty should be imprisonment. In particular, member states must ensure that the offenses defined by the directive carry a maximum penalty of at least 1 year in prison or at least 5 years behind bars depending on the act. States may also decide to implement laws providing for larger sentences.

In addition to being sent to prison, violators of the European limited measures should also be subject to fines.

Council and EP negotiators agreed that legal entities, such as companies, can also be held liable under the crimes described in the directive. This will happen when such an act is committed for their benefit by a person occupying a leading position in the organization.

Legal entities violating the restrictive measures will be punished with sanctions, including the withdrawal of their business permits.

EU countries must step up their efforts and ensure that EU sanctions are implemented. To this end, they will be required to provide a limited time frame to allow for the proper application of the law. It is about the time during which legal action must be taken.

The temporary agreement reached will be handed over to COREPER - the permanent representatives of the member countries. If they approve it, the text will have to go formally through the Council and the EP.

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