Brussels is tightening the screws on corruption. The European Commission on Wednesday presented its proposals to harmonize criminal anti-corruption provisions across the European Union, but also to add to the "black list" of European sanctions the perpetrators of acts of corruption anywhere in the world.

"We are sending a clear message: the EU is not open to those who engage in corruption, wherever it occurs," said EU foreign policy chief Josep Borrell. "Corruption can threaten international peace and security, fuel organized crime, terrorism and other crimes. That is why we are expanding our scope to fight corruption around the world," he told a news conference.

Assets freeze

According to the legislative framework proposed by Brussels, which still has to be approved by the Twenty-Seven, these people considered to be involved in "serious corrupt activities", regardless of their nationality, could have their assets frozen in the EU and be banned from staying on European soil. Similarly, they would be deprived of access to the financial resources of individuals or entities in the EU. This mechanism targets passive or active corruption, embezzlement by a public official, especially in countries deemed uncooperative in tax matters or failing in the fight against money laundering and terrorist financing.

It would be a "similar system" to the sanctions regimes adopted, for example, against Russian figures involved in the invasion of Ukraine and placed on the EU's "blacklist", but the difference is that "it is no longer a question of targeting a specific third country" but of any individuals, Commission Vice-President Vera Jourova observed. This measure is similar to the "Magnistki Act" of the United States, first adopted in 2012 to punish Russians accused of being involved in the death in custody in Moscow of a lawyer denouncing corruption, then extended in 2016 to all suspects of human rights violations or significant acts of corruption around the world.

Black Lise

By the end of 2020, the EU had already acquired the capacity to sanction perpetrators of "serious human rights violations" anywhere in the world. In practice, the placement of a person on this new anti-corruption blacklist would be formally proposed by the head of EU diplomacy, and would have to be unanimously endorsed by the Twenty-Seven.

"We cannot target all those who are corrupt in third countries. There is always a certain degree of political appreciation", but to list someone, "it will require information showing that this person has engaged in a serious act of corruption", whether it is open sources (media, public statements ...), reports from academics or NGOs, information collected by the intelligence services of the Member States, says the Commission. The person concerned will be able to challenge the decision before the European courts.

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