European Investigation Orders (EIOs)—background, general principles and investigative measures [Archived]
European Investigation Orders (EIOs)—background, general principles and investigative measures [Archived]

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • European Investigation Orders (EIOs)—background, general principles and investigative measures [Archived]
  • Background to the introduction of EIOs
  • EIO Directive and implementing regulations
  • What is an EIO?
  • What are issuing and executing authorities?
  • Special rules for HMRC
  • What investigative measures are available under an EIO?
  • Real time investigative measures including monitoring of bank accounts
  • Measures to obtain information about an identified subject's bank accounts/accounts in any other financial institutions located in the executing state and obtain information from banks about specific accounts and banking operations
  • Covert intelligence gathering measures
  • More...

ARCHIVED: This Practice Note has been archived and is not being maintained. Following the end of the EU transition period, the UK is no longer part of the European Investigation Order (EIO) procedure. In its place, mutual legal assistance requests from EU Member States are based on the Council of Europe’s 1959 European Convention on Mutual Assistance in Criminal Matters and its additional protocols as supplemented by the EU-UK Trade and Cooperation Agreement (TCA). Any EIOs received before the end of IP completion day (11 pm 31 December 2020) are treated and progressed as an EIO and the procedure and process relating to EIOs remains in force for these transitional EIOs. EIOs received after IP completion day are treated as a request under the 1959 convention. See Practice Notes: Mutual legal assistance (MLA) and What does IP completion day mean for corporate crime?

This Practice Note is retained to assist those dealing with EIOs issued prior to IP completion day. It explains the background to the introduction of EIO in the EU. It covers the definition and purpose of EIOs as well as the key provisions including investigative measures available under EIOs. For more information on the process for obtaining and executing EIOs, including the conditions under which they are made and time limits which apply to these instruments, see Practice Note: European Investigation Orders (EIOs)—process [Archived].

Background

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