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ForMin Toiu: Attempts to evade international sanctions categorised as crimes punishable by prison

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The violation of the EU's restrictive measures will be deemed a crime punishable with up to five years in prison, Minister of Foreign Affairs Oana Toiu announced, as the government adopted on Thursday a bill intended to bring the national regulatory framework in line with European law. The bill amends Emergency Ordinance No. 202/2008 on the enforcement of international sanctions, ensuring also the transposition of Directive (EU) 2024/1226 on the definition of criminal offenses and penalties for the violation of Union restrictive measures.

According to Minister Toiu, the bill initiated together with the Ministry of Justice, will be submitted to Parliament in a fast-track procedure and is to be adopted by the end of the year. It aims at 'a better regulation' against those who attempt to 'evade sanctions' established at EU level.

'Particularly in the context of the Ukraine conflict, the European Union has already adopted 18 sanctions packages and package No. 19 is to follow soon. These sanctions packages are also an important part of the talks and joint actions between the European Union and the United States of America. The transposition of the directive was mandatory for Romania. We have until the end of November to ensure the adoption of the legislative project in Parliament,' Toiu told a press conference at the Victoria Palace of Government, stressing that the bill seeks to generate a 'deterrence effect' against the members of terrorist networks or the sponsors of military conflicts. It also aims to have a 'deterrence effect on investments from regimes hostile to Romania's and the EU's interests.'

'With this law, Romania proves once again that it is a reliable, stable and predictable partner, and in no way a jurisdiction that tolerates such behavior or investments. What changes essentially? There's the switch from misdemeanor to crime. Whereas until now, attempts or actions to evade sanctions were considered more like an act of negligence, from now on they become serious acts, punishable by imprisonment from one to five years. In aggravating cases, sentences of up to 12 years can be handed down. The competence is transferred to the Directorate for Investigating Organised Crime and Terrorism,' Toiu specified.

The foreign minister stressed that the imposition of tougher penalties is expected to 'consolidate Romania's position as a trusted partner' within the EU.

'In the case of minor violations, the amount of the fines also goes up to RON 10,000 - 100,000, in order to discourage any violation. This comes with the mandatory seizure of assets and funds involved in crimes. The law also has a modern approach, as it explicitly references crypto-assets in the definition of funds, thus closing a major vulnerability that was exploited to move money outside the traditional financial system,' Oana Toiu explained.

She added that Romanian criminal law shall apply to citizens and companies that violate European Union sanctions, even outside the country, regardless of whether or not the act is punishable by the law of the respective country.

Under the bill, the Inter-institutional Council is designated as the national coordination body tasked with ensuring an exchange of information between the National Tax Administration Agency, the Customs Authority, Prosecutors' Offices and other responsible institutions.

According to Oana Toiu, the protection of whistleblowers is a major focus, with the persons who report violations of sanctions being offered protection according to the relevant national and European law. The Foreign Affairs Ministry will release in the decisional transparency procedure statistical data on investigations and convictions, in order to contribute to a clear and transparent image at national and European level, said Oana Toiu.

The bill also covers trade in restricted or prohibited goods, such as certain military products or dual-use technologies, the minister also said. AGERPRES (RO - writing by: Irinela Visan; EN - writing by: Simona Klodnischi)

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