Part 3 Of The Economic Crime Act 2022 Introduces Strict Liability Financial Penalties For Sanctions Breaches

CC
Clyde & Co
Contributor
Clyde & Co  logo
Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
On 15 March 2022, the Economic Crime (Transparency and Enforcement) Act 2022 ("the Act") received royal assent. Having been on the political agenda since 2016...
European Union International Law
To print this article, all you need is to be registered or login on Mondaq.com.

On 15 March 2022, the Economic Crime (Transparency and Enforcement) Act 2022 ("the Act") received royal assent. Having been on the political agenda since 2016, the Act was fast-tracked in response to Russia's invasion of Ukraine.

The Act contains three key parts:

  • Part 1: Registration of Overseas Entities. In March 2022, we reported on the inclusion of the Register of Overseas Entities as part of the wide package of measures in the Act.
  • Part 2: Unexplained Wealth Orders (amendments to the existing regime)
  • Part 3: Sanctions (amendments to the existing UK sanctions regime)

On 15 June 2022, Part 3 of the Act came into force. Its provisions include an amendment to Section 146 of The Policing and Crime Act 2017, which formerly provided that before imposing a monetary penalty for breach of financial sanctions legislation, the Office of Financial Sanctions Implementation ("OFSI") must prove that the subject of the penalty knew or had reasonable cause to suspect that they were in breach of a financial sanction.

Under the new rules, OFSI may now issue civil monetary penalties on a strict liability basis. Its updated guidance clarifies that this change only applies to civil liability and that the imposition of a monetary penalty "is not relevant to any assessment of whether a criminal offence has been committed under sanctions regulations".

OFSI's updated guidance is available here: Microsoft Word - 070622 Monetary Penalty Guidance - published (publishing.service.gov.uk)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Part 3 Of The Economic Crime Act 2022 Introduces Strict Liability Financial Penalties For Sanctions Breaches

European Union International Law
Contributor
Clyde & Co  logo
Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More