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WHY THE EU ADOPTS SANCTIONS

Sanctions are an instrument to prevent conflict or respond to emerging or
current crises, and to promote peace, democracy, respect for the rule of law,
human rights and international law.

On this page


 * How and when the EU adopts sanctions
 * Humanitarian exemption
 * Violating sanctions is a crime


HOW AND WHEN THE EU ADOPTS SANCTIONS 



Restrictive measures or 'sanctions' are an essential tool of the EU's Common
Foreign and Security Policy. They allow the EU to respond to global challenges
and developments that go against its objectives and values.

Decisions on sanctions are taken by the Council of the European Union by
unanimity.

EU sanctions are targeted and aim at those responsible for the policies or
actions the EU wants to influence. They do not target a country or population.

Sanctions are not punitive and instead seek to bring about a change in the
policy or conduct of those targeted, with a view to promoting the objectives of
the EU's Common Foreign and Security Policy.

These objectives include:



safeguarding EU's values, fundamental interests and security

supporting democracy, the rule of law, human rights and international law

preserving peace, preventing conflicts and strengthening international security

Sanctions may target governments of non-EU countries, non-state entities, groups
and individuals, and consist of asset freezes and travel bans. The EU can also
adopt economic sanctions and diplomatic measures.

All restrictive measures adopted by the EU are fully compliant with obligations
under international law, including those pertaining to humanitarian aid, human
rights, and fundamental freedoms. 




GUIDELINES ON RESTRICTIVE MEASURES

In 2004, the Political and Security Committee agreed on some basic principles
on:

 * the use of sanctions
 * their implementation
 * how to measure and control their impact

The best practices for the effective implementation of restrictive measures were
last updated in 2022. The guidelines on the implementation and evaluation of
restrictive measures were last updated in 2018. 

 * Best practices for the effective implementation of restrictive measures (27
   June 2022)
 * Guidelines on the implementation and evaluation of restrictive measures (4
   May 2018)
 * Basic principles on the use of restrictive measures (7 June 2004)
 * Political and Security Committee (background information)


HUMANITARIAN EXEMPTION

EU sanctions are fully in line with international law, including international
humanitarian law.

On 9 December 2022, the UN Security Council adopted resolution 2664 (2022),
which provides a “humanitarian carve-out” - a standing humanitarian exemption -
to the asset freeze measures imposed by United Nations sanctions regimes.

On 14 February 2023, the Council decided to introduce the humanitarian exemption
pursuant to resolution 2664 in the UN sanctions regimes at EU level, and on 31
March 2023 introduced the humanitarian exemption in what is known as UN/EU mixed
sanctions regimes in which EU measures complement sanctions imposed by the UN
Security Council.

Between 2023 and 2024, the Council further introduced the humanitarian exemption
into certain restrictive measures regime, including the regimes established in
view of the situations in Bosnia and Herzegovina, Burundi, Guinea, Lebanon,
Myanmar, Nicaragua, Tunisia, Venezuela and Zimbabwe, and in relation to
cyber-attacks and terrorism.

These decisions demonstrate the EU’s steadfast determination to avoid unintended
negative consequences of sanctions on humanitarian action, and the importance
given to the full adherence to international law.

 * Humanitarian action: EU introduces further exception to sanctions (press
   release, 19 February 2024)
 * Humanitarian action: EU introduces further exceptions to sanctions to
   facilitate the delivery of assistance (press release, 27 November 2023)
 * Humanitarian action: EU introduces exemptions to sanctions to facilitate the
   delivery of assistance (press release, 31 March 2023)


VIOLATING SANCTIONS IS A CRIME

On 28 November 2022, the Council adopted a decision to add the violation of
restrictive measures to the list of ‘EU crimes’ included in the Treaty on the
Functioning of the EU. This will avoid different degrees of enforcement of
sanctions in member states and the risk of these measures being circumvented.

Additionally, on 12 April 2024, the Council adopted new rules to make sure that
the violation of restrictive measures is criminalised.

Thanks to these new rules, certain actions are considered criminal offences in
all member states, for example helping to bypass a travel ban, trading in
sanctioned goods or performing prohibited financial activities. Inciting, aiding
and abetting these offences can also be penalised. 

Member states must ensure that violating EU sanctions is punishable by effective
and proportionate criminal penalties, which vary depending on the offence.
However, intentional violation of sanctions must give rise to a prison sentence
as the maximum penalty. 

 * Council and Parliament reach political agreement to criminalise violation of
   EU sanctions (press release, 12 December 2023)
 * Sanctions: Council adds the violation of restrictive measures to the list of
   EU crimes (press release, 28 November 2022)
 * Council gives final approval to introduce criminal offences and penalties for
   EU sanctions' violation (press release, 12 April 2024)


More information
 * Types of sanctions the EU adopts (background information)
 * How the EU adopts and reviews sanctions (background information)

See also
 * EU sanctions (European External Action Service)
 * EU sanctions (European Commission)
 * EU sanctions map (website)
 * EU sanctions tracker (European Commission)

Topics
 * Foreign affairs and international relations
 * Security and defence

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Last review: 15 May 2024

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