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Directive on the definition of criminal offences and penalties for the violation of Union restrictive measures

Consumers, Employment and social affairs, Justice and fundamental rights

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Public consultation

ID: 13662

Lobbying Activity

7 responses

Save the Children urges humanitarian exemptions in EU sanctions law

Save the Children Europe, 30 Jan 2023

The group urges the EU to align criminalization rules with UN humanitarian exemptions. They want broader language to protect assistance and support for basic human needs.
This would protect humanitarian workers from criminal prosecution when providing essential services.
Vulnerable populations lose access to essential services if sanctions prevent humanitarian aid delivery.

Norwegian Refugee Council urges stronger humanitarian exemption in EU sanctions directive

Norwegian Refugee Council Europe, 30 Jan 2023

NRC requests strengthened language to align the humanitarian exemption with UN Resolution 2664, expanding coverage from 'humanitarian aid to persons in need' to 'humanitarian assistance or activities that support basic human needs'. They want explicit reference to International Humanitarian Law requiring that sanctions not prevent humanitarian delivery.
This would reduce liability risks when operating in heavily-sanctioned jurisdictions like Syria and Iran.

ESBG urges EU to decriminalize negligent bank human errors

European Savings and Retail Banking Group, 30 Jan 2023

The association suggests removing the penalization of serious negligent violations, focusing on intentional acts. They propose a voluntary self-disclosure to exempt staff from criminal consequences of human error. Finally, they request clear implementation instructions and an appropriate implementation period.
This would reduce liability risk and help recruitment of qualified compliance employees.
EU enforcement authorities lose the ability to penalize banks for serious negligence.

CARE International calls for humanitarian exemptions in sanctions law

CARE International Aisbl, 30 Jan 2023

CARE requests the EU align autonomous sanctions with UN humanitarian exemptions for consistency. They recommend broadening the scope of the directive to include support for basic human needs.
Clearer legal exemptions would reduce the risk of criminalizing essential humanitarian aid operations.
Enforcement agencies might face greater challenges distinguishing legitimate humanitarian aid from sanctions evasion.

German Bar Association calls for clearer EU sanction laws

Deutscher Anwaltverein (German Bar Association), 27 Jan 2023

The association demands that reporting duties do not violate confidentiality or rights against self-incrimination. They call for precise legal definitions to remove contradictions between intentional acts and negligence. They urge consistency in terminology across all EU sanction regulations to ensure legal clarity.
Preserving legal privilege allows lawyers to continue advising clients without the risk of prosecution.
Citizens and companies lose access to justice because legal uncertainty discourages lawyers from providing advice.

Action against Hunger seeks humanitarian exemptions for EU sanctions

ACTION CONTRE LA FAIM, 30 Jan 2023

Action against Hunger calls for the EU to align its sanctions with UN humanitarian exemptions. They request that providing food, healthcare, and essential aid to people in need be excluded from criminalisation.
This protection ensures their staff can provide life-saving aid without risking criminal penalties.
Regulators lose oversight as failing to report certain activities would no longer be criminalized.

German Federal Bar defends lawyer confidentiality in sanctions directive

Bundesrechtsanwaltskammer, 30 Jan 2023

The association demands that legal advice remains exempt from criminalization to protect confidential counsel rights. They argue that the distinction between legal advice and representation is unclear and legally untenable. Additionally, they call for the removal of negligence-based penalties for legal professionals.
This would prevent law enforcement from accessing confidential communications and reduce lawyers' legal liability.
Law enforcement agencies would have less power to investigate crimes facilitated through legal consultation.