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Definition of criminal offences and penalties for the violation of Union restrictive measures

TA-9-2024-0125 · P9_TA(2024)0125 · PE746.946

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Parliament's position on a proposed directive sets out criminal offences and penalties for violating EU restrictive measures, and amends Directive (EU) 2018/1673. It defines conduct such as making funds available to listed persons, trading banned goods, and providing prohibited services as criminal offences. It requires member states to set penalties, including imprisonment, and to criminalise incitement, aiding and abetting, and attempts. It also covers legal persons, aggravating and mitigating circumstances, jurisdiction, and cooperation between member states.

Key points

  1. Member states must criminalise making funds or economic resources available to designated persons, entities or bodies, and trading goods subject to restrictive measures.
  2. Providing prohibited services, circumventing restrictive measures, and failing to freeze funds are also to be criminal offences.
  3. Incitement, aiding and abetting, and attempts to commit these offences must be punishable.
  4. Penalties for natural persons must include imprisonment, with maximum terms set according to the offence.
  5. Legal persons must be held liable for offences committed for their benefit, with penalties such as fines and exclusion from public funding.
  6. Aggravating circumstances include offences committed by public officials or in the context of a criminal organisation.
  7. Member states must establish jurisdiction over offences committed in whole or in part on their territory or by their nationals.
  8. Member states must cooperate with each other and with EU bodies, and provide assistance to victims.
  9. The directive amends Directive (EU) 2018/1673 on combating money laundering by criminal law.

Who is affected

  • Member states, which must transpose the directive into national law and enforce the offences and penalties.
  • Natural and legal persons, who may face criminal liability for violating EU restrictive measures.
  • Public officials, whose offences are treated as aggravating circumstances.

Legal basis: Article 83(1) of the Treaty on the Functioning of the European Union