OfSI works closely with the NCA, whose sanctions investigations are conducted by the International Corruption Unit. [23] As a general rule, the NCA refers cases to the SPC for prosecution. [24] The SFO may investigate and prosecute cases in which sanction offences intersect with international corruption or serious or complex fraud. [25] Companies may have contractual obligations to inform counterparties of their involvement in offences of sanctions or alleged criminal behaviour or criminal investigations in general. These types of clauses are often included in insurance policies, loan agreements and other facility agreements, bank contracts and international trade contracts. When a company is considering notifying third parties on a voluntary or application basis, it should also consider informing of the OFSI and any other relevant prosecutors or regulators of its intention to do so. The aim is to prevent an investigation into sanctions from being contrary to the confidentiality of an investigation into sanctions, or even that it is illegally mistreated. 108 Crime and Courts Act [CCA] 2013, s 45 and sched. 17. The Law identifies designated prosecutors who can obtain a Deferred Criminal Prosecution Agreement (DPA) as Director of Public Prosecutions of England and Wales [DPP] and the Director of SFO and all other prosecutors appointed by the Secretary of State (judge 17, at para.

3). “The application of the civil force helps something, but nothing like a credible threat of criminal prosecution,” Hungerford said. 106 For the examination of violations of trade sanctions and export controls, see Chapter 13. The new power resembles HMRC`s ability to impose a composite sanction for violating export controls instead of criminal prosecutions – an instrument they have used with great enthusiasm as faster and cheaper than a criminal prosecution. Data protection authorities are a mechanism by which organizations (usually companies) under the authority of a judge enter into an agreement with the CPS or SFO to suspend criminal proceedings for a specified period of time if the organization meets certain conditions that may include financial sanctions, compensation, cooperation in the prosecution of individuals and the implementation of appropriate compliance programmes. [108] Since 2017, there have been data protection authorities for sanctions. [109] Since their launch in 2013, there have been a small number of data protection authorities, most of which were linked to significant corporate insults. [110] 118 For a “typical example” of such an agreement, see Blackburn [2008] 2 Cr App R (S) 5, [7]. 37 See ofsi.blog.gov.uk/2019/10/15/ofsi-releases-2018-to-2019-annual-review/. 33 Note that “OFSI will work closely with law enforcement to ensure that financial sanctions violations are dealt with in the most appropriate manner. We will try to reach an agreement with them, but we will recognize that sometimes an independent prosecutor may choose not to prosecute.

The 2017 law also provides additional options for prosecutors to deal with financial sanctions violations. (OFSI Consultation Response on the process for imposing monetary sanctions for breaches of Financial Sanctions, April 2017, p. 1.13.) 101 OFSI Guidelines for Fines, No. 3.2. In its 2018-2019 retrospective, the OFSI stated that “in all cases where non-compliance is proportionate to the facts, we take some kind of action” – see ofsi.blog.gov.uk/2019/10/15/ofsi-releases-2018-to-2019-annual-review/. Forfeiture of property obtained on the basis of sanctions offences may be carried out in the context of forfeiture proceedings after prosecution and conviction[139] or in separate civil proceedings. [140] Violation of these requirements may result in criminal prosecution or a fine. [15] The fine imposed on the defendant company must, on the whole, be comparable to the fine imposed by a court following a conviction following an admission of guilt. [111] However, non-prosecution may allow the company to avoid the significant financial consequences of a conviction.