Criminal prosecution for violation of EU sanctions against Russia: EU Council adopted a law

On April 12, the European Council adopted a law covering EU-wide minimum rules for the prosecution of violation or circumvention of EU sanctions in member states, informed the press service of the EU Council.

“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,” a press release on the website states.

Under the new law, 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. In addition, also legal entities can be prosecuted.

“Legal persons (i.e., companies) 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 EU Council’s website states.

The directive will enter into force on the twentieth day following publication in the Official Journal of the EU. Member states will have 12 months to incorporate the provisions of the directive into their national legislation.

Earlier, this decision was supported by the members of the European Parliament. On March 12, MEPs approved new rules to harmonise the enforcement of EU sanctions across member states. The new law sets consistent definitions for violations, including not freezing funds, not respecting travel bans or arms embargoes, transferring funds to persons subject to sanctions, or doing business with state-owned entities of countries under sanction. Providing financial services or legal advisory services in violation of sanctions will also become a punishable offence.

The EU Council approved the latest, thirteenth package of restrictive measures against Putin’s regime in February, on the eve of the anniversary of Russia’s full-scale invasion. The new package included restrictive measures on an additional 106 individuals and 88 entities “responsible for actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine”. The new sanctions targeted primarily the military and defence sectors and associated individuals, including those involved in DPRK armament supply to Russia, as well as members of the judiciary, local politicians and people responsible for the illegal deportation and military “re-education” of Ukrainian children.

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