BELGIUM Trends and Developments Contributed by: Valerijus Ostrovskis, Coline Cauvin, Yapa Thepkanjana and Delphine Buyle, ACQUIS
Transposition of the Criminalisation Directive Directive (EU) 2024/1226 on the definition of crimi - nal offences and penalties for the violation of Union restrictive measures was due to be transposed by 20 May 2025. Belgium did not meet that deadline and was among the 18 member states against which the Commission opened infringement proceedings in July 2025. In early 2026, the Commission issued a rea - soned opinion, which is the formal second stage of an infringement procedure, and a final written request to comply before the matter may be referred to the Court of Justice. On 9 July 2026, Belgium adopted the draft Law trans - posing Directive (EU) 2024/1226, thereby reforming the Law of 13 May 2003 on the implementation of restrictive measures adopted by the Council of the European Union against States, certain persons and entities. The reforms will enter into force on 1 Sep - tember 2026. Following the transposition of Directive (EU) 2024/1226, natural persons now risk imprisonment of more than three and up to five years. In addi - tion, the Belgian courts can impose a criminal fine of EUR200 to EUR2 million, which can even be increased to match the actual value of the funds or economic resources involved. Legal persons face criminal fines of EUR15,000 to EUR150 million. These criminal fines will also be subject to the new statutory surcharge of 2.5 additional decimes , equivalent to a multiplication factor of 1.25.
Administrative penalties may now reach EUR5 mil - lion for natural persons and EUR25 million for legal persons. The competent administrative authority must determine the amount of the administrative fine tak - ing into account all relevant circumstances, including, among other factors, the seriousness and the duration of the infringements, the degree of responsibility, their financial capacity, and the degree of co-operation with the competent authorities, etc. Some of these circum - stances may therefore have a mitigating effect on the amount of the fine, although the law does not formally characterise them as mitigating circumstances. Outlook Several matters are likely to shape Belgian sanctions practice over the coming year. The action before the General Court challenging the indefinite immobilisa - tion of the Russian assets, and the investor-State claims connected to those assets, will continue to bear on Belgium’s exposure. The judgment in the NSD appeal has clarified the availability of the dero - gation route, but its application by national authorities to particular release requests remains to be tested. The administration of derogations, and in particular the treatment of applications affected by intervening designations, is likely to remain a practical difficulty.
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