​In a significant move to bolster the enforcement of trade sanctions, the UK’s Office of Trade Sanctions Implementation (OTSI) has issued comprehensive guidance detailing its enforcement powers. This initiative highlights the UK’s determination to maintain the integrity of its sanctions regime and ensure compliance across various sectors.​

What is OTSI’s role?

Established within the Department for Business and Trade (DBT), OTSI became operational October, 2024. Its primary mandate is to assist businesses in adhering to trade sanctions, investigate potential breaches, and, when necessary, impose civil penalties or refer cases for criminal enforcement. OTSI’s creation aligns with the UK’s broader strategy to enhance the effectiveness of its sanctions framework, particularly in response to geopolitical developments such as Russia’s actions in Ukraine.

OTSI is empowered to:​

• levy fines up to £1 million or 50% of the estimated value of the breach, whichever is higher. These penalties are applied on a strict liability basis, meaning that intent or knowledge of the breach is not required for a penalty to be imposed. ​
• request information to assist in the investigation and enforcement of trade sanctions. Failure to comply with these requests can result in criminal charges, including fines and imprisonment.
• publicly name entities that have breached trade sanctions, even if no monetary penalty is imposed, thereby promoting transparency and accountability. ​

Mandatory reporting obligations

A critical aspect of the new regulations is the introduction of mandatory reporting obligations for certain professionals. Legal practitioners, financial service providers and money service businesses are now required to report any knowledge or reasonable suspicion of breaches of trade sanctions to OTSI as soon as practical. Non-compliance with these reporting obligations constitutes a criminal offence, emphasizing the importance of vigilance and due diligence within these sectors.

Implications for the legal sector

Various areas of legal practice could be impacted:​

• Advising on corporate structures, contracts, or transactions that may involve sanctioned entities or jurisdictions requires heightened scrutiny to ensure compliance.​
• Establishing companies, trusts or other legal structures that could potentially be used to evade trade sanctions necessitates thorough due diligence.​
• Conducting comprehensive checks when dealing with high-risk clients or transactions is imperative to identify and mitigate potential sanctions risks.​
• Managing cases involving sanctioned individuals, entities or assets requires adherence to trade sanctions regulations to avoid legal repercussions.​
• Handling mergers, acquisitions or financial arrangements involving restricted goods, technology, or services demands careful assessment to ensure compliance with sanctions laws.​

Global enforcement trends

The UK’s enhanced focus on trade sanctions enforcement reflects a broader international trend. For instance, the UK has recently targeted Russia’s “shadow fleet” by sanctioning oil tankers and LNG vessels involved in circumventing sanctions, aiming to limit Russia’s ability to finance its activities in Ukraine. Similarly, the European Union has expanded sanctions against Iranian shipping firms for their support to Russia, highlighting the global nature of sanctions enforcement. ​

This issuance of new guidance by OTSI marks a pivotal development in the UK’s trade sanctions enforcement landscape. Legal professionals and businesses must familiarize themselves with these regulations, assess their current compliance frameworks and implement necessary measures to adhere to the enhanced requirements. Proactive compliance not only mitigates legal risks but also reinforces the UK’s commitment to upholding international law and order.

Vinciworks’ sanctions compliance courses give your staff the tools they need to understand and comply with sanctions requirements in these volatile times.