29.1 Introduction

Sanctions are restrictive measures aimed toward reaching international coverage or nationwide safety goals. With the creation of the Workplace of Monetary Sanctions Implementation (OFSI) in March 2016 and its continued issuance of penalties for sanctions breaches, sanctions enforcement is a rising space of financial crime enforcement in the UK. The UK applied its autonomous sanctions regime following its exit from the European Union on 31 December 2020.

The UK at present implements and enforces sanctions applied by the United Nations and its personal home sanctions regime (which incorporates the sanctions imposed by the European Union which had been retained in UK regulation after Brexit) in opposition to people, entities and jurisdictions. These embody varied restrictive measures, equivalent to commerce sanctions (e.g., arms embargoes and restrictions on dual-use gadgets); financial or monetary sanctions (e.g., asset freezes and restrictions on a wide range of monetary markets and providers); and immigration sanctions (e.g., journey bans). Whereas the Overseas and Commonwealth Workplace has general accountability for UK authorities coverage on worldwide sanctions, commerce sanctions are typically monitored and enforced by the Division for Worldwide Commerce (DIT) (performing by means of the UK Export Management Joint Unit (ECJU)) or HM Income and Customs (HMRC). Monetary sanctions are administered and enforced by OFSI (with help from the Nationwide Crime Company (NCA)), and immigration sanctions by the Dwelling Workplace. Along with civil enforcement, felony prosecution of sanctions violations could also be pursued by HMRC or the Critical Fraud Workplace (SFO) upon referral by OFSI, or by the Crown Prosecution Service (CPS) for breaches of commerce sanctions. Regulators, such because the Monetary Conduct Authority (FCA), additionally make sure that regulated corporations have ample techniques and controls in place to allow them to satisfy their sanctions obligations.

On this chapter, we set out an outline of the UK sanctions framework, and contemplate how investigations could come up and what are greatest practices when initiating or responding to investigations.

29.2 Overview of the UK sanctions regime

29.2.1 Statutes and official steering

The UK has traditionally adopted the United Nations and European Union in making use of sanctions. EU sanctions are applied by means of rules with direct authorized impact in Member States, with particular person Member States being chargeable for enforcement of EU sanctions. Submit-Brexit, EU sanctions not apply in the UK, nevertheless it has applied EU sanctions into nationwide regulation by means of secondary laws. Current EU sanctions regimes are addressed underneath the Sanctions and Anti-Cash Laundering Act 2018 (SAMLA), which supplies the authorized foundation for the UK to impose, replace and raise sanctions following Brexit. The UK additionally has its personal terrorist sanctions regime. Entities within the regulated sector are topic to the Anti-Terrorism, Crime and Safety Act 2001, the Counter-Terrorism Act 2008 and the Terrorist Asset-Freezing and so on. Act 2010. OFSI has issued steering concerning its method to monetary sanctions underneath SAMLA, an enforcement information that summarises its method to compliance and enforcement, together with the imposition of penalties, and, along with the Nationwide Crime Company and dealing at the side of regulation enforcement and monetary sector companions, has issued ‘pink alert’ notices that promote consciousness and supply steering on particular pressing points. Broadly talking, the steering issued by OFSI reveals that it has excessive expectations with regard to sanctions compliance. Specifically, licensing grounds are interpreted narrowly, and it’s clear that basic and particular reporting obligations are a key facet of the UK’s sanctions enforcement equipment. When assessing sanctions violations, OFSI will deal with every breach by itself deserves based mostly on plenty of aggravating and mitigating elements, and specifically, will place substantial worth on co-operation and well timed voluntary disclosure.

29.2.2 Individuals to whom sanctions apply

UK nationals and entities established underneath UK regulation, and their abroad branches, should adjust to UK sanctions no matter the place they’re positioned or their actions happen. UK monetary sanctions additionally apply to any particular person or entity positioned inside the UK or that carries out actions there. In its printed steering, OFSI supplies plenty of non-exhaustive examples of how a UK nexus may come up, together with a UK firm working abroad, transactions utilizing clearing providers in the UK, actions by a neighborhood subsidiary of a UK firm, or actions going down abroad however directed from inside the UK.

Restrictive sanctions measures apply to named people, entities, teams, sectors or nations. OFSI maintains an inventory of people and entities topic to monetary sanctions to assist people and companies adjust to these sanctions. In keeping with EU steering, OFSI considers that if a delegated particular person owns greater than 50 per cent of, or in any other case controls, an entity (straight or not directly), monetary sanctions will apply to that entity as effectively.

In contrast to the state of affairs in america, the UK sanctions regime doesn’t embody secondary sanctions. Council Regulation (EC) No. 2271/96, often called the ‘Blocking Statute’, enshrined into regulation in the UK, prohibits UK residents and firms from complying with sure extraterritorial laws, particularly in relation to US sanctions on Cuba and Iran, until they’re exceptionally authorised to take action by the Secretary of State. The Blocking Statute additionally permits UK residents and firms to get better damages arising from such laws from the individuals or entities inflicting them, and prevents any international court docket rulings based mostly on the blocked laws from having impact in the UK.

29.2.3 Exemptions and licensing

The UK sanctions regime supplies for sure exceptions from the restrictive measures imposed underneath sanctions laws within the type of exemptions or licences. With respect to exemptions, in sure restricted conditions and situations as set out within the laws, specific actions are mechanically exempt, that means that events could have interaction within the exercise and not using a licence or authorisation. Alternatively, for actions that will in any other case be prohibited, events could apply for a licence. OFSI oversees purposes for licences in relation to monetary sanctions, and DIT for commerce sanctions. OFSI will solely grant a licence the place it falls throughout the particular grounds recognized within the underlying laws. Typically these cowl areas equivalent to primary wants, authorized charges and disbursements, charges or costs regarding frozen accounts and different financial sources, cost of court docket judgments or arbitration choices in opposition to a delegated particular person, satisfaction of contractual obligations, and different extraordinary bills.

OFSI might also grant licences in accordance with the UK’s home terrorist sanctions regimes (with out the necessity for particular licensing grounds), and may concern licences particular to people or typically relevant to all individuals designated underneath specific home terror sanctions regimes. As of August 2022, there is just one lively basic licence underneath the UK’s home terrorist sanctions regime. Normal licences can be utilized with out making an software to OFSI, however every basic licence will embody necessities for prior notification of use, record-keeping and reporting.

The place a person or entity seeks to import or export items restricted by sanctions, equivalent to dual-use items (gadgets with each a navy and civilian use), a licence could also be required by the ECJU alongside one from OFSI.

29.2.4 Key jurisdictions

Whereas plenty of jurisdictions are sanctioned by the UK, three are significantly vital: Russia, Iran and North Korea.

29.2.4.1 Russia

The UK has retained quite a few financial, commerce and monetary restrictive measures on Russia initially imposed by the European Union in response to the annexation of Crimea and Sevastopol, and actions that undermine or threaten the territorial sovereignty and independence of Ukraine, which had been additional expanded in response to Russia’s invasion of Ukraine in 2022. Alongside asset freezes and journey bans, it’s also prohibited to:

• import or export arms and associated materials to or from Russia;
• promote, provide, switch or export a variety of products and know-how, together with, for instance, navy, dual-use, luxurious, critical-industry, quantum computing and superior supplies, or energy-related or oil refining items, to be used in Russia or to particular designated individuals;
• deal in sure transferable securities or cash market devices issued by Russian individuals;
• present loans or credit score with a maturity exceeding 30 days to particular designated individuals;
• present monetary providers to sure Russian state entities regarding international change reserve and asset administration;
• make investments in relation to non-government managed Ukrainian territory;
• export sure gear, or present technical and monetary help or different providers, in reference to the export, sale or switch of such gear with out prior authorisation; and
• present varied providers for sectors together with however not restricted to grease exploration and manufacturing, tourism, skilled and enterprise providers, or web providers.

29.2.4.2 Iran

On 16 January 2016, the European Union lifted all of its financial and monetary sanctions in reference to the Iranian nuclear programme pursuant to the Joint Complete Plan of Motion (JCPOA) between the E3/EU+3 (France, Germany and the UK, plus Russia, China and america) and Iran.

There are, nonetheless, sure measures and restrictions regarding proliferation that stay in place for the UK, together with an arms embargo, restrictive measures regarding missile know-how, restrictions on nuclear-related transfers and actions, and an authorisation regime for sure metals and software program.

Separate restrictive measures unbiased of the JCPOA additionally nonetheless apply. These had been traditionally imposed by the European Union in relation to critical human rights violations in Iran, and embody asset freezes, journey bans and a ban of exports to Iran of kit that could be used for inside repression or gear for monitoring telecommunications. Following the withdrawal of america from the JCPOA and the re-implementation of US secondary sanctions on Iran, the European Union amended the Blocking Statute to incorporate the record of extraterritorial US sanctions on Iran. This variation was retained by the UK following Brexit.

29.2.4.3 North Korea

North Korea is topic to plenty of counter-proliferation measures aimed toward stopping people and entities from acquiring funds, items or providers that would contribute to North Korea’s nuclear proliferation programme. These measures are wide-ranging and embody, for instance, asset freezes, journey bans, sectoral monetary sanctions, restrictions on specific providers and monetary help, prohibitions on the export and procurement of arms and on the export of luxurious or dual-use items.

29.3 Offences and penalties

The assorted rules for every sanctions regime set out prohibited conduct. Offences sometimes come up from coping with funds or financial sources belonging to, owned, managed or held by a delegated particular person and not using a licence whereas figuring out or suspecting that the transaction is prohibited. This may embody making funds or financial sources (together with cryptoassets) out there to a delegated particular person, coping with funds or financial sources that should be frozen, circumventing an asset freeze or breaching licensing situations. For instance, OFSI imposed a financial penalty on Telia Service UK Restricted for not directly facilitating worldwide telephone calls to a delegated Syrian entity, which counted as making funds and financial sources not directly out there to it. The sanctions regime permits felony or civil circumstances to be introduced for sanctions violations relying on the information and the conduct in query.

29.3.1 Legal penalties

Legal prosecutions can solely be introduced if there’s adequate proof to supply a practical prospect of conviction, and the prosecution is within the public curiosity. Legal prosecutions of corporates for sanctions breaches are, nonetheless, unlikely, not least because of the issue of creating company felony legal responsibility in the UK. Civil breaches are enforced by OFSI, and felony breaches are enforced by the SFO, HMRC and the CPS.

The penalties for breaches of sanctions in the UK are set out within the related statutory devices. Legal violations sometimes embody limitless felony fines, and as much as seven years’ imprisonment for sanctions violations, as set by the Policing and Crime Act 2017 (PACA).

Legal breaches of sanctions might also have money-laundering implications. The Proceeds of Crime Act 2002 (POCA), which broadly prohibits the dealing with of felony property (outlined as any profit ensuing from felony conduct) has extraterritorial software, and even property ensuing from felony conduct that happens overseas could also be caught by POCA. For instance, any funds obtained in the UK as a part of a transaction that will represent a sanctions offence would fall throughout the definition of ‘felony property’ in POCA. The following dealing with of these funds with the data that they had been felony property would then represent a cash laundering offence. The utmost penalties for breaching POCA embody a limiteless effective and as much as 14 years’ imprisonment.

The Critical Crime Act 2007 additionally permits a Excessive Courtroom choose to impose a critical crime prevention order on a person or entity that has been concerned in a critical crime, together with breaches of monetary sanctions.

29.3.2 Civil penalties

For breaches of sanctions that fulfill the civil customary of proof, OFSI might also impose financial penalties of as much as £1 million or 50 per cent of the worth of the breach, whichever is larger. For breaches dedicated on or after 15 June 2022, OFSI could now impose civil financial penalties on a strict legal responsibility foundation (whatever the absence of information or an affordable trigger to suspect). For earlier breaches, OFSI should present that, on the stability of chances, offenders had data or cheap trigger to suspect that they had been in breach of sanctions.

29.4 Sanctions investigations

Sanctions investigations can come up in plenty of methods. Internally, an organization could grow to be conscious of a whistleblower report, pink flags arising from automated compliance techniques and controls, or findings from inside or exterior audits. An organization might also obtain notification from a financial institution of a blocked cost. UK authorities additionally more and more start investigations based mostly on suspicious exercise reviews (SARs) filed with the NCA, voluntary self-reports by the corporate itself, or reviews from different people, entities or enforcement businesses. There is no such thing as a basic notification requirement to tell a suspect that they’re underneath investigation. In consequence, a suspect could not grow to be conscious of an investigation with out an overt act such because the service of manufacturing orders, the arrest of a number of people, an asset freeze or the execution of a search warrant.

OFSI has broad investigative powers to require any particular person positioned or resident in the UK to provide or present data or paperwork to permit it to ascertain the extent of funds and financial sources linked to a delegated particular person, receive data regarding the disposal or switch of such funds or financial sources, monitor compliance with or evasion of sanctions, or receive proof of the fee of an offence. Failure to adjust to such requests and not using a cheap excuse or obstructing OFSI in its investigation is a felony offence.

Though OFSI is the first company chargeable for sanctions, it could additionally refer a matter to different authorities businesses, such because the SFO or HMRC, each of which can additionally doubtlessly pursue a felony prosecution. The SFO and HMRC even have broad powers to request or require data, and HMRC might also make arrests.

OFSI additionally works intently with the NCA and should obtain data on suspected breaches from the NCA’s Worldwide Corruption Unit. The NCA sometimes refers circumstances for prosecution to the CPS, which can additionally prosecute breaches of commerce sanctions pursuant to the Crown and Excise Administration Act 1979.

Regulated entities may be topic to enforcement motion by the FCA for failure to take care of efficient techniques and controls to handle the chance of sanctions violations, efficient techniques and controls regarding compliance, monetary crime and cash laundering, and ample insurance policies and procedures to counter the chance of monetary crime. Since Might 2022, the FCA has invited the general public to supply any data concerning sanctions evasion points or weaknesses the place they relate to regulated entities or individuals, or a listed safety.

The FCA could concern notices to authorised individuals requiring them to provide specified paperwork or data. The FCA could select to request that paperwork be offered voluntarily, within the first occasion. Though regulated entities needn’t adjust to voluntary requests, they have to take care of the FCA ‘in an open and cooperative method’ and ‘open up to the FCA appropriately something regarding the agency of which that regulator would moderately anticipate discover’.

As soon as the FCA has formally commenced an investigation, it could require the topic of the investigation (or an individual related to the topic) to provide paperwork, attend interviews and reply questions, or in any other case present data required by the investigator, the place the paperwork or data sought are moderately related to the investigation. Moreover, the FCA could search solutions and paperwork from individuals who usually are not really topic to investigation or related to an individual topic to investigation, the place ‘essential or expedient for the needs of the investigation’.

29.5 Finest practices in investigations

29.5.1 Components to contemplate

The creation of OFSI and its enforcement exercise in the UK demonstrates that sanctions enforcement and investigations is a key space within the prosecution of financial crime. There may be additionally a pronounced emphasis by UK enforcement authorities on voluntary disclosure and ongoing co-operation, with the FCA noting that ‘the requirement on corporations to take care of their regulator brazenly and cooperatively is a central a part of the Authority’s regulatory regime’, and the SFO equally stating that ‘co-operation shall be a related consideration within the SFO’s charging choices’. For that cause, will probably be vital for a corporation to maneuver rapidly, whereas balancing pace in opposition to substance to make sure that it understands the character of the alleged violation and the dangers it presents. Points for consideration could embody:

• to whom and when to provide discover of the difficulty or investigation;
• figuring out who was concerned in or chargeable for the alleged breach;
• preserving related data concerning the alleged breach and the corporate’s response;
• conducting an inside investigation into the alleged breach and doubtlessly any associated transactions or departments;
• remediation;
• coping with auditors;
• disciplinary motion; and
• exterior communication technique.

29.5.2 Co-operation

Co-operation with a UK authority could also be obligatory the place, for instance, the authority has exercised its investigative powers and has issued notices requiring the availability of data or manufacturing of paperwork.

The place co-operation is voluntary, a person or entity underneath investigation should still want to co-operate totally with the UK authority for varied causes. Co-operation could end in a extra optimistic consequence, equivalent to a civil reasonably than felony penalty, or conclusion of a felony investigation by means of a deferred prosecution settlement (DPA). It might additionally end in a quicker decision of the matter, which can scale back authorized charges and save helpful administration time.

Different tangible advantages to co-operation embody having the ability to work with the authority in shaping any public bulletins in addition to inside communications related to the investigation, or the flexibility to softly affect an investigation by means of elevated contact and rapport with the related authorities.

29.5.2.1 Self-reporting

Issues

In April 2021, OFSI up to date its enforcement steering to state that breaches of monetary sanctions ‘should’ be reported to it (a change from the earlier ‘ought to’). Particular reporting obligations additionally apply to sure ‘related corporations’. Given the potential advantages, self-reporting is a crucial consideration when confronted with a possible sanctions violation.

When assessing the seriousness of a case, authorities will take self-reporting under consideration, and should consequently supply a extra lenient consequence. Any delay in self-reporting dangers the authorities discovering the violation by means of different sources. This may increasingly forestall an individual from qualifying for the penalty discount given by OFSI for immediate and full voluntary self-disclosures, though OFSI does contemplate it cheap for an individual to take ‘a while to evaluate the character and extent of the breach, or search authorized recommendation’ so long as this doesn’t delay an efficient response to the breach. By the use of instance, in its investigation of Commonplace Chartered Financial institution, OFSI allowed the financial institution first to reveal the suspected breaches, adopted by interim updates of its inside investigation and a closing report on the finish of the financial institution’s inside investigation.

Nevertheless, self-reporting isn’t with out danger. A self-report, particularly if incomplete, could lead authorities to conduct additional investigations of the corporate’s actions, which might be costly and prolonged, and expose new points. There may be additionally no assure of a lenient method, particularly if the violations had been carried out knowingly, had been egregious, or had been avoidable with an efficient compliance programme. It’s best follow, due to this fact, to contemplate a self-report with the steering of skilled authorized counsel and after a preliminary investigation of the information.

Reporting obligations

All people and entities topic to UK sanctions should report any breaches of monetary sanctions to OFSI.

Particular reporting obligations additionally apply to the next ‘related corporations’:

• individuals with permission to hold out regulated actions;
• companies that transmit cash by any means, function a foreign money change workplace or money cheques payable to prospects;
• a agency or sole practitioner that could be a statutory auditor or native auditor;
• a agency or sole practitioner that gives by means of enterprise accountancy providers, authorized or notarial providers, recommendation about tax affairs or sure belief or firm providers;
• a agency or sole practitioner that carries out, or whose staff perform, property company work;
• the holder of a on line casino working licence;
• an individual engaged within the enterprise of constructing, supplying, promoting or exchanging articles constituted of gold, silver, platinum, palladium or valuable stones or pearls;
• a cryptoasset change supplier; or
• a custodian pockets supplier.

Related corporations should report back to OFSI if they’ve data or cheap trigger to suspect {that a} third celebration is a delegated particular person or has dedicated an offence underneath the rules. If a related agency is aware of or has cheap trigger to suspect {that a} third celebration is a delegated particular person, and can also be a buyer of the related agency, then the related agency should additionally state the character and quantity or amount of any funds or financial sources held for that buyer.

Extra reporting to different authorities could also be essential, equivalent to to the FCA or the NCA. Particular reporting obligations might also come up underneath part 19 of the Terrorism Act 2000 for any act recognized or suspected to be linked to terrorist financing, in addition to underneath the statutory scheme for every sanctions regime. The place the violation additionally includes complicated fraud or worldwide bribery and corruption, an individual might also contemplate self-reporting to the SFO.

29.5.3 Settlement

OFSI has discretion in the way it responds to breaches of monetary sanctions. For instance, it could merely require an organization to supply further details about its compliance practices. It might additionally impose financial penalties or refer a matter to different regulators or felony authorities for prosecution.

Legal breaches of sanctions are eligible for DPAs with the CPS and SFO, permitting an organisation to make reparations for its behaviour with out most of the penalties of a conviction.

For breaches that solely fulfill the civil customary and would incur a financial penalty from OFSI, it’s also attainable to minimise penalties by making a voluntary self-report within the first occasion, making representations throughout the penalty determination course of and interesting OFSI’s penalty advice by means of ministerial overview.

In reaching a penalty determination, OFSI will assess the seriousness of a case based mostly on plenty of mitigating and aggravating elements, together with however not restricted to:

• whether or not funds or financial sources had been offered on to a delegated particular person;
• whether or not there was an intentional circumvention of sanctions;
• the worth of the breach;
• data of sanctions and compliance techniques (though ignorance is not any defence);
• the behaviour at concern, together with, for instance, whether or not the breach was deliberate or negligent, or any administration involvement within the breach;
• repeated, persistent or prolonged breaches; and
• reporting of breaches to OFSI, together with whether or not the disclosure was voluntary, materially full and made in good religion.

The place OFSI concludes that the brink for imposing a civil penalty has been met, it is going to start with the statutory most penalty it might probably impose, which would be the better of £1 million or 50 per cent of the worth of the breach. OFSI then decides what stage of penalty, between zero and the utmost, is affordable and proportionate, based mostly on aggravating and mitigating elements. As much as a 50 per cent discount within the closing penalty is out there to individuals who present a immediate and full voluntary disclosure. This is applicable to circumstances assessed as ‘critical’, whereas a 30 per cent discount is out there for circumstances assessed to be ‘most critical’. OFSI then produces a penalty advice, in respect of which the corporate could make representations.

Part 147 of the Policing and Crime Act 2017 additionally confers a proper on any topic of OFSI enforcement motion to enchantment the effective by requesting a ministerial overview of the penalty advice. Some OFSI enforcement choices point out that invoking this proper could end in considerably decreased penalties.

29.6 Tendencies and key points

29.6.1 Current enforcement exercise

As at August 2022, OFSI had imposed seven financial penalties for breaches of monetary sanctions because it was first given powers to take action in April 2017. These fines have assorted in measurement, and solely two have exceeded £100,000. Commonplace Chartered Financial institution (SCB) was fined £20.47 million in February 2020 for violating EU sanctions, making it the primary effective in the UK regarding the EU Ukraine (Sovereignty and Territorial Integrity) sanctions regime. Primarily based on these violations, OFSI reached a penalty advice of £31.5 million. Nevertheless, this was appealed by SCB by means of the ministerial overview course of and the penalty was subsequently decreased. Telia Service UK Restricted likewise efficiently appealed its authentic penalty advice of £300,000 by means of ministerial overview, decreasing it by roughly half in relation to sanctions violations concentrating on Syria. In June 2021, TransferGo was fined £50,000 for transferring funds to accounts held with the Russian Nationwide Industrial Financial institution (RNCB), an entity topic to an asset freeze. Though TransferGo’s effective is considerably decrease than these levied on SCB or Telia, the entire worth of transactions in breach of sanctions was simply £7,764.77. The dimensions of the penalty due to this fact demonstrates that the monetary worth of related transactions is just one element in OFSI’s general evaluation of sanctions breaches. Moreover, however later co-operation with OFSI, as a result of TransferGo didn’t voluntarily disclose the transactions, it was not eligible for voluntary disclosure credit score. TransferGo’s try to enchantment the effective was unsuccessful.

In April 2019, the FCA fined SCB £102.2 million for anti-money laundering (AML) breaches related partially to violations of US sanctions, based mostly on findings of shortcomings in SCB’s inside assessments of the adequacy of its AML controls, its method to figuring out and mitigating cash laundering dangers and its escalation of cash laundering danger. This matter serves as a reminder that even when a selected transaction doesn’t breach UK or EU sanctions, it could nonetheless face collateral enforcement motion in the UK for compliance programme failures.

29.6.2 Potential pitfalls

Whereas OFSI’s enforcement exercise nonetheless pales compared to its US counterpart – the US Division of the Treasury’s Workplace of Overseas Property Management – which issued US$1.29 billion of financial penalties in 2019 (though this determine decreased to US$20.9 million in 2021), the present pattern of OFSI’s fines, mixed with the latest speedy enlargement of the sanctions regime regarding Russia, means that enforcement exercise will solely intensify. As an enforcement company, OFSI continues to mature, and it’s seemingly that OFSI has quite a few investigations within the pipeline.

Brexit might also result in a divergence between the EU and UK sanctions regimes. For instance, EU sanctions present an exemption to restrictions on specific monetary actions in Russia for EU-based subsidiaries of designated entities. After 31 December 2020, any UK-based subsidiaries of designated entities underneath this sanctions regime will solely be exempt from the UK equal of this restriction, and vice versa. The UK has additionally expanded the prohibition of ‘monetary help’ regarding the availability of sure items. Whereas the Courtroom of Justice of the European Union has held that ‘monetary help’ doesn’t embody cost processing, the UK equal of this sanctions regime refers back to the provision of ‘monetary providers’ as a substitute, which incorporates cost processing.

Moreover, OFSI has issued post-Brexit steering extending the scope of monetary sanctions to entities owned or managed, straight or not directly, by a delegated particular person. Substantial modifications to the designation course of have additionally been applied. SAMLA brings with it a decrease threshold for the imposition of sanctions as in contrast with the EU regime, requiring solely that or not it’s ‘applicable’ to designate an individual, reasonably than having to fulfill the ‘necessity check’ underneath EU regulation. It additionally supplies for the designation of individuals by description, which doesn’t at present function within the EU sanctions regime, and which can end in identification challenges for sanctions screening and compliance processes in future. Lastly, as a substitute of searching for redress within the EU courts, an individual designated underneath the UK’s autonomous sanctions regime post-Brexit could search variation or revocation of the designation by the Secretary of State or HM Treasury.

SAMLA additionally introduces US-style basic licence exemptions (separate from OFSI’s current powers to concern basic licences round the UK’s home terror sanctions regime), which permit an individual to undertake acts that will in any other case be prohibited with out the necessity to apply for a particular licence.

Additional divergence from the European Union might be seen in the UK’s enactment of the World Anti-Corruption Sanctions Laws 2021 on 26 April 2021, which particularly goal people concerned in critical corruption, and authorise asset freezes and journey bans on people and asset freezes on entities. That is along with the World Human Rights Sanctions Laws 2020, representing the UK’s first use of Magnitsky-style sanctions and previous the European Union’s personal set of human rights sanctions laws by 4 months. These vital developments display that the UK continues to be ready and prepared to take the lead on sanctions enforcement, as a substitute of reacting and following in European footsteps.

In gentle of the above, people and entities are effectively suggested to remain knowledgeable of any developments on this sphere, and to make sure that any sanctions compliance programme is sufficiently strong and agile to adapt to the shifting panorama of the UK’s autonomous sanctions regime.

Footnotes