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Criminal offences and penalties for the violation of EU restrictive measures
SUMMARY OF:
WHAT IS THE AIM OF THE DIRECTIVE?
In the context of the ongoing Russian war of aggression against Ukraine, Directive (EU) 2024/1226 aims to make it easier to investigate and prosecute violations of European Union (EU) sanctions (restrictive measures).
KEY POINTS
- The directive sets minimum EU-wide rules for defining criminal offences and penalties for the violation and circumvention of EU restrictive measures.
- It ensures common basic standards for penalties in all EU Member States, closes existing legal loopholes and increases the deterrent effect of violating EU restrictive measures.
- It includes a comprehensive list of criminal offences relating to the violation and circumvention of EU restrictive measures, such as:
- failing to freeze assets;
- breaching travel bans and arms embargoes;
- providing prohibited or restricted economic or financial services;
- transferring funds to a third party or providing false information to conceal funds that should be frozen.
- Penalties must be effective, proportionate and dissuasive and include minimums for maximum terms of imprisonment for natural persons.
- An intentional violation of sanctions must give rise to imprisonment as the maximum penalty, with a minimum of 5 years’ imprisonment for certain offences. Serious negligence applies to trade-related sanction violations, at least when involving military equipment or dual-use items.
- Fines may be issued in addition to any sentence of imprisonment.
- Companies or other legal bodies can be held criminally or non-criminally liable, with maximum fines of at least 5% of the worldwide turnover or €40 million.
- Aggravating and mitigating factors are defined.
- Rules on the freezing and confiscation of proceeds and assets subject to EU sanctions are enhanced, given the link of this directive with Directive (EU) 2024/1260 (see summary).
- Minimum limitation periods for investigation, prosecution and enforcement are time set.
- Member States must establish jurisdiction over the offences – the directive requires cooperation among and between national authorities, the European Commission, the European Public Prosecutor’s Office, the European Union Agency for Criminal Justice Cooperation (Eurojust) and the European Union Agency for Law Enforcement Cooperation (Europol).
FROM WHEN DO THE RULES APPLY?
The directive has to be transposed into national law by . These rules should apply from the same date..
BACKGROUND
For further information, see:
- European Union sanctions (European External Action Service).
MAIN DOCUMENT
Directive (EU) 2024/1226 of the European Parliament and of the Council of on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 (OJ L, 2024/1226, ).
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