Directive (EU) 2024/1226 on the definition of criminal offences and penalties for the violation of Union restrictive measures

What it is

to ensure common definitions for offences related to the violation of EU restrictive measures and the availability of effective, dissuasive and proportionate criminal penalties for serious offences related to the violation of Union restrictive measures. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: EU restrictive measures, such as measures concerning the freezing of funds and economic resources, prohibitions on making funds and economic resources available, prohibitions on entry into or transit through the territory of a Member State, as well as sectoral economic measures and arms embargoes, are an essential tool for the promotion of the objectives of the Common Foreign and Security Policy as set out in Article 21 of the Treaty on European Union. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Sophia IN’T VELD (Renew, NL) on the proposal for a directive of the European Parliament and of the Council on the definition of criminal offences and penalties for the violation of Union restrictive measures. The committee responsible recommended that the European Parliament’s position adopted at first reading in the ordinary legislative procedure should amend the proposal as follows: Member States should take the necessary measures to ensure that the violation of a Union restrictive measure by any natural or legal person, entity or body constitutes a criminal offence when committed intentionally. The list of criminal offences violating EU sanctions should include: - making funds or economic resources available directly or indirectly to, or for the benefit of, a designated person, entity or body; - enabling the entry of designated natural persons into the territory of a Member State, including its territorial seas and airspace; - enabling the stay in the territory of a Member State of a designated natural person, including by granting citizenship by investments or residence by investments schemes, in violation of a Union restrictive measure; - entering into financial or corporate transactions or public procurement with a third State, bodies of a third State, entities and bodies directly or indirectly owned or controlled by a third State or bodies of a third State, which are prohibited or restricted by Union restrictive measures; - trading in goods, services or technology whose import, export, sale, purchase, transfer, transit or transport is prohibited or restricted by Union restrictive measures, as well as acting as an intermediary or providing brokering services or other services relating to those goods and services; - moving, transferring, altering, using, accessing, dealing with, selling, hiring or mortgaging funds or economic resources directly or indirectly owned, held, or controlled by a designated person, entity or body, which should be frozen in accordance with a Union restrictive measure, to a third party to conceal those funds or economic resources enabling the designated persons to continue to use them.…

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