Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 (Directive) which enters into force on 19 May 2024 has been published in the Official Journal of the European Union.
Until now, European Union Member States have had different practices in relation to the prosecution of those responsible for the violation of sanctions, including no obligation of Member States to criminalise such behaviour.
The Directive provides for certain actions which will constitute a criminal offence and for which both natural and legal persons will be held criminally liable, e.g. violation of the prohibition imposed by the European Union to make funds or economic resources available, directly or indirectly, to or for the benefit of an entity or body subject to sanctions, conducting business with sanctioned persons, circumventing the travel restrictions imposed by the European Union, and other acts referred to in Article 3 of the Directive. Also, in order to ensure a proportionate use of investigative resources, taking into account the seriousness of the committed offence, the Directive provides that in certain cases Member States will be able to establish that infringements of restrictive measures of the European Union do not constitute a criminal offence if they concern goods, services, transactions, or activities of a value of less than EUR 10,000, and in such case the person may be held administratively liable. The Directive provides for various types of penalties for infringements of the regulatory framework on sanctions, including deprivation of liberty.
The Directive will facilitate and unify the process of investigating and prosecuting infringements of the regulatory framework across the European Union.
Latvia already criminalises violations of international and national sanctions, while, like other European Union Member States, Latvia will have to assess the compliance of its national regulatory framework with the Directive and transpose the Directive into national law by 20 May 2025.