Greater punishment for sanctions offences to take effect

Part 8 of the Policing and Crime Act 2017, which received Royal Assent at the end of January, and which is expected to come into force in April, gives powers under financial sanctions legislation  to punish offences (including offences under sanctions imposed by virtue of an EU Regulation, sanctions imposed to comply with UN resolutions and terrorism and sanctions related requirements imposed under the Anti-Terrorism Crime and Security Act and the Counter Terrorism Act)   with up to 7 years’ imprisonment. This makes the maximum punishment consistent across all relevant pieces of legislation.  It also gives Treasury power to impose monetary penalties up to the amount of £1m or 50% of the estimated value of any particular funds or resources the offence relates to, if this is greater. Treasury also has powers to impose the penalties on officers of bodies corporate where it fines the corporate and believes, on the balance of probabilities, that the breach or failure took place with the consent or connivance of the officer or is attributable to the officer’s neglect. It must issue guidance on its policy on monetary penalties. Additionally, the potential to enter into DPAs is introduced for certain sanctions offences. Separately, the Act allows for the UK to make domestic measures to implement UN designations while waiting for EU Regulations to be made, and to link UN designations with EU Regulations.


Emma Radmore