The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024
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Change 1
5 Power to impose monetary penalties
(1) Subject to paragraphs (2) to (4), the Secretary of State may impose a monetary penalty on a person if the Secretary of State is satisfied, on the balance of probabilities, that the person has breached a prohibition, or failed to comply with an obligation, imposed by or under sanctions regulations. (2) The Secretary of State may not impose a monetary penalty under paragraph (1) for a breach of a prohibition, or a failure to comply with an obligation, in trade sanctions regulations where paragraph (3) applies in respect of any suspected offence relating to that breach or failure to comply. (3) This paragraph applies where the suspected offence is capable of being investigated under the trade sanctions regulations concerned, by the Commissioners without— (a) any referral to the Commissioners, or (b) any decision by the Commissioners to treat the suspected offence as having been referred to them. (4) A penalty may be imposed under paragraph (1)— (a) in the case of a United Kingdom person, in relation to conduct— (i) in the United Kingdom or the territorial sea, or (ii) wholly or partly outside the United Kingdom; (b) in the case of any other person, in relation to conduct in the United Kingdom or the territorial sea. (5) Any monetary penalty payable under paragraph (1) is recoverable by the Secretary of State as a civil debt. (6) Any monetary penalty received by the Secretary of State under paragraph (1) must be paid into the Consolidated Fund.
5 Power to impose monetary penalties
(1) Subject to paragraphs (2) to (4), the Secretary of State may impose a monetary penalty on a person if the Secretary of State is satisfied, on the balance of probabilities, that the person has breached a prohibition, or failed to comply with an obligation, imposed by or under sanctions regulations. (2) The Secretary of State may not impose a monetary penalty under paragraph (1) for a breach of a prohibition, or a failure to comply with an obligation, in trade sanctions regulations where paragraph (3) applies in respect of any suspected offence relating to that breach or failure to comply. (3) This paragraph applies where the suspected offence is capable of being investigated under the trade sanctions regulations concerned, by the Commissioners without— (a) any referral to the Commissioners, or (b) any decision by the Commissioners to treat the suspected offence as having been referred to them. (4) A penalty may be imposed under paragraph (1)— (a) in the case of a United Kingdom person, in relation to conduct— (i) in the United Kingdom or the territorial sea, or (ii) wholly or partly outside the United Kingdom; (b) in the case of any other person, in relation to conduct in the United Kingdom or the territorial sea. (5) Any monetary penalty payable under paragraph (1) is recoverable by the Secretary of State as a civil debt. (6) Any monetary penalty received by the Secretary of State under paragraph (1) must be paid into the Consolidated Fund.
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