Francesca Finelli’s Post

🗓️ On September 30th, representatives from FIU Latvia, alongside the Ministries of Justice and Finance, attended the European Commission’s 27th “Meeting of the Task Force Freeze and Seize” in Brussels. 💡 The meeting focused on the implementation of Directive (EU) 2024/1226, which addresses criminal offenses and penalties for violations of the Union's restrictive measures. Member states discussed their progress in adopting the directive and shared experiences on its enforcement. Latvia provided updates on incorporating the directive into national legislation, which will include amendments to the Criminal Law and other related acts. 📜 The directive aims to hold both individuals and legal entities accountable for sanctions violations. FIU Latvia representative highlighted the role of FIU service in enforcing international and national sanctions, stressing the importance of collaboration between law enforcement and other authorities responsible for implementing these measures.  ⏳ By May 2025, Latvia, like other EU member states, will fully align its legal framework with the directive's requirements. #sanctions #law

BIS issued guidance on identifying transaction parties of diversion, focusing on Common High Priority Items. EU operators should take note as EU sanctions against Russia and Belarus necessitate specific compliance measures. For legal assistance, you may contact HERDEM Attorneys at Law #Russia #EUCommission #ExportControl #TradeWar #TSECS #SanctionsUpdate #TurkishSociety #Sanctions #USA #OFAC #BIS #TradeUpdates #GlobalTrade #TradeCompliance #InternationalRelations #EconomicSanctions #TradeRegulations #TurkishExports #TradePolicy

🌍 Unpacking the EU #Sanctions Regime #KLEPTOTRACE's latest report provides an in-depth analysis of the EU's restrictive measures, exploring their legal framework, limitations and challenges, including #humanrights issues and potential conflicts with European and #InternationalLaw,  in order to propose policy and legal recommendations. Our analysis considered the EU's adoption of sanctions as a foreign policy tool, and explored the feasibility of a new regime targeting high-level #corruption to tackle it more effectively at the transnational level. This has been proposed in 2022 by EC President Ursula von der Leyen and endorsed by the European Commission. 🔗 How would it fit into the legal framework? See the slider below 👇 and read the full report for more details: https://lnkd.in/duTB-gbH This report is the first deliverable of KLEPTOTRACE Work Package 4, led by the University of Luxembourg. Stay tuned for the next deliverable in November 2024: "Legal and Policy Recommendations on EU and National Sanction Regimes."

I am deeply honoured that, after two years of dedicated research, my paper on the criminalisation of sanctions' violations has been just published in the last issue of the European Criminal Law Review (Nomos Verlagsgesellschaft)! This paper provides a critical examination of the EU's shift towards using criminal law to enforce sanctions against Russia and Belarus following the 2022 invasion of Ukraine. It delves into the implications of harmonizing criminal definitions and penalties across EU Member States, raising important questions about the proportionality - and appropriateness - of such measures. Given the ongoing evolution and the significance of this topic in the current geopolitical scenario, I am very looking forward to your thoughts and discussions on the paper! Here is the link: https://lnkd.in/dyBTNgUX

Proud to have collaborated with my colleagues Stephen Nattrass and Erin Brown on the Sanctions Regime Practice Note for Practical Law Global. Click below to learn more about what has been included in the Practice Note and why it is important for your business. Of course, you can always reach out to a member of our team if you have any questions. #Sanctions #LegalWriting #LegalTopics #Canada #CanadianBusiness

I look forward to reading this. Questions of sanctions enforcement (civil/criminal) in the EU context are not only interesting but integral to understanding the impact and effectiveness of economic sanctions.

Last year, on October 10, 2023, the Facts and Norms Institute (FNI) initiated a collaboration with the UN Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights. The Institute then submitted detailed feedback on a draft tool designed for assessing the human rights impacts of unilateral sanctions. This initiative aimed to deepen the understanding of sanctions' multifaceted impacts, emphasizing inclusivity and the consideration of vulnerable groups. The constructive feedback was well-received, highlighting FNI's expertise and commitment to advancing human rights considerations within international policy frameworks. Subsequently, FNI was invited to a pivotal UN consultation on November 7, 2023, focusing on developing guiding principles concerning unilateral sanctions, over-compliance, and their intersection with human rights. After the meeting, the UN Special Rapporteur invited further written comments on a draft document currently referred to as the Guiding Principles on Overcompliance and Human Rights. The draft document aims to address the complexities surrounding sanctions over-compliance and its repercussions on human rights and humanitarian action. In adherence to the extended invitation, the Facts and Norms Institute (FNI) met the deadline of November 27, 2023, by submitting comprehensive additional feedback on the draft document. Prepared by researcher Leonel Lisboa, the new submission underscored FNI's continued commitment to contributing to the United Nations' efforts in refining policies and guidelines that meticulously consider the human rights implications of unilateral sanctions and over-compliance. https://lnkd.in/dvBWM3R9

On April 24, 2024, the European Union adopted the Directive 2024/1226 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673. The Directive requires Member States to establish minimum and similar rules concerning the definition of criminal offences and penalties for the violation of EU sanctions. This client alert dives into the characteristics of the Directive and illustrates the implications for member states. For more detail and to read the full client alert written by partners Elena Klonitskaya and Edoardo Zucchelli, counsel Mikhail Bychikhin, FCIArb and associate Ana Amador, please use the link below. #Sanctions #EUSanctions #SanctionViolations

The EU issued a directive that requires member states to criminalize sanctions violations. EU Directive 2024/1226, which will enter into force this month, requires EU member states to establish minimum rules concerning the definition of criminal offences and penalties for the violation of EU sanctions. It aims to ensure a common approach to investigations and prosecutions of sanctions violations across the EU territory. EU Member States will have until 20 May 2025 to domesticate the Directive into national law with appropriate penal sanctions. Read more at https://lnkd.in/e4Eppi-A

🇪🇺 Earlier this week, the EU Council adopted Regulation 2024/1485, establishing a new sanctions regime which targets individuals responsible for serious human rights violations, repression of civil society and democratic opposition, and undermining democracy and the rule of law in Russia. 💡 Regulation 2024/1495 also introduces trade restrictions on the exportation of equipment and IT technologies that could be used for internal repression or the interception of telecommunications in Russia. ❗️This new sanctions regime comes in the aftermath of the death of opposition activist Alexei Navalny. The Council adopted additional restrictive measures against 19 individuals (including judges, prosecutors, and members of the judiciary) and the Federal Penitentiary Service of Russia, who are considered to have played key roles in his imprisonment and death. ➡️ By targeting the Russian judiciary, the EU has broken another barrier and taken a further step in the effort to combat judicial corruption and human rights violation in Russia.