Jurisdiction(s):
United Kingdom

UK sanctions enforcement: fragmented framework, limited civil penalties and prosecutions, demanding a co-ordinated strategy, clearer OFSI guidance and increased resourcing across OFSI, NCA, HMRC, CKC and OTSI

Published on: 02 August 2024

Published by a LexisNexis Corporate Crime expert

Legal News

Article summary

What are the key findings of this Report?

The Report identifies four principal findings:

legislative reform: the previous UK administration introduced sweeping legislative, operational and policy changes to deploy sanctions against kleptocracy. This encompasses creating the Combatting Kleptocracy Cell (CKC) within the National Crime Agency (NCA) and setting up a new Office of Trade Sanctions Implementation (OTSI)
fragmented regulatory framework: a major impediment to enforcement is the UK’s fragmented sanctions system. Multiple agencies and their enforcement activity lack a coherent strategy, transparency and coordination
limited civil enforcement: there has been little inclination to levy or publicise civil penalties for violations, shown by the Office of Financial Sanctions Implementation (OFSI) having only ‘named and shamed’ one company and issued a single fine for post‑invasion breaches of the Russian sanctions regime. OFSI and HMRC, which enforce trade sanctions, have tended to prefer gentle encouragement of compliance and self‑reporting
minimal criminal prosecutions: early efforts to prosecute or sanction businesses and individuals are minimal, with almost no public enforcement outcomes from the CKC

Given your experience, do you agree with these findings and why?

The Report’s conclusions on limited enforcement activity are plainly reflected in practice...

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