European Investigation Orders (EIOs)—process [Archived]

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

  • European Investigation Orders (EIOs)—process [Archived]
  • Who can apply for an EIO?
  • Who can issue an EIO?
  • What are the conditions under which an EIO can be issued?
  • What happens when an EIO is made in the UK?
  • Guidance on sending EIOs to the UK
  • Who is responsible for transmitting an EIO?
  • Applications in respect of EIOs
  • Variation or revocation of an EIO
  • What form will the EIO take?
  • More...

European Investigation Orders (EIOs)—process [Archived]

ARCHIVED: This Practice Note has been archived and is not being maintained.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 conditions under which European Investigation Orders (EIOs) are made, time limits which apply to these instruments and the process of issuing and executing them. It also considers the transmission and effect of EIOs and grounds for non-recognition and refusal. For more information on the background to the introduction of EIOs in the EU, the definition and purpose of EIOs

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