sanctions 18 April 2024

EU Council greenlights proposal to make violating sanctions a criminal offence

The European Union is criminalising sanctions breaches with new legislation under which ‘member states must ensure that violating EU sanctions is punishable by effective and proportionate criminal penalties.’

The EU Council said, 12 April, ‘Certain actions will now be considered criminal offences in all member states, for example helping to bypass a travel ban, trading in sanctioned goods or performing prohibited financial activities. Inciting, aiding and abetting these offences can also be penalised.

‘Member states must ensure that violating EU sanctions is punishable by effective and proportionate criminal penalties, which vary depending on the offence. However, intentional violation of sanctions must give rise to a prison sentence as the maximum penalty. Those who have violated EU restrictive measures may additionally be subject to fines.

‘Legal persons can also be held liable when an offence has been committed by a person with a leading position in the organisation. In such cases, sanctions may include the disqualification of business activities and the withdrawal of permits and authorisations to pursue economic activities.’

The new directive will enter into force following publication in the Official Journal of the EU, and Member States will have 12 months to incorporate them into their national legislation. 

https://www.consilium.europa.eu/en/press/press-releases/2024/04/12/council-gives-final-approval-to-introduce-criminal-offences-and-penalties-for-eu-sanctions-violation/