In response to Russia’s aggression against Ukraine, the EU has taken an unprecedented number of restrictive measures to weaken Russia’s economic base and limit its ability to wage war.
The Council of the European Union has adopted a legal act introducing EU-wide minimum rules for the prosecution of violations or circumvention of EU sanctions in the Member States.
This means that certain acts will be considered criminal offences in all member states in future, e.g. helping to circumvent a travel ban, trading in sanctioned goods or carrying out prohibited financial activities. Incitement, aiding and abetting and attempt can also be penalised.
Member States must ensure that violations of EU sanctions are punished with effective and proportionate criminal sanctions that vary depending on the offence. However, an intentional breach of sanctions must result in a maximum penalty of imprisonment. Fines may also be imposed on persons who have violated EU restrictive measures.
Legal entities (i.e. companies) can also be held liable if an offence has been committed by a person who holds a management position in the organisation. In such cases, sanctions may include the exclusion from business activities and the withdrawal of licences and authorisations to carry out economic activity.
Next steps
The Directive will enter into force on the twentieth day following its publication in the Official Journal of the European Union. Member States will have 12 months to transpose the provisions of the revised Directive into their national legislation.
Background
Restrictive measures are an important instrument of EU foreign and security policy. Member States are responsible for enforcing the measures, which is why the penalties vary from country to country, ranging from criminal prosecution to administrative sanctions.
In December 2022, the Commission proposed this directive to limit the circumvention of sanctions and tighten their enforcement.
Source : EUR-Lex
