# The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024, Note: Explanatory note Extent: E+W+S+N.I. (This note is not part of the Regulations) These Regulations are made in exercise of the power in section 1(1)(a) and (c), (2) and (3) of the Sanctions and Anti-Money Laundering Act 2018 (c. 13) (“the Act”). They supplement trade sanctions regulations, aircraft sanctions regulations and shipping sanctions regulations made under section 1 of the Act, for the purpose of enforcing prohibitions or requirements imposed by those regulations. Part 1 contains general provisions. Regulation 2 contains definitions of words and expressions used in these Regulations, including “trade sanctions regulations”, “aircraft sanctions regulations” and “shipping sanctions regulations” (together, “sanctions regulations”). Regulation 3 makes provision for the application outside the United Kingdom of requirements imposed by these Regulations and regulation 4 sets out the purpose of these Regulations. Part 2 contains provisions relating to enforcement. Regulation 5 provides that the Secretary of State may impose a monetary penalty on a person if 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. The Secretary of State may not impose such a penalty in relation to a breach of a prohibition or a failure to comply with an obligation under trade sanctions regulations where regulation 5(3) applies. Regulation 6 supplements regulation 5 for the purposes of trade sanctions regulations and regulation 7 supplements regulation 5 for the purposes of aircraft sanctions regulations and shipping sanctions regulations. Regulation 8 makes provision for the Secretary of State to impose a monetary penalty on officers of a body corporate, partners in a partnership and members of unincorporated bodies which are not partnerships, as the case may be. Regulations 9 and 10 make provision for the calculation of the amount of the penalty under regulation 5 in relation to a breach of a prohibition or failure to comply with an obligation imposed by, respectively, trade sanctions regulations, and aircraft and shipping sanctions regulations. Regulation 11 creates appeal rights for a person subject to a monetary penalty and regulation 12 provides for related procedural safeguards. Regulation 13 provides that the Secretary of State may publish reports relating to monetary penalties, including where a monetary penalty is not imposed. This does not apply in relation to a breach of a prohibition or a failure to comply with an obligation under trade sanctions regulations where regulation 5(3) applies. Part 3 contains provisions relating to information and records. Regulation 14 provides that Part 3 does not apply in relation to a breach of a prohibition or a failure to comply with an obligation under trade sanctions regulations where regulation 5(3) applies. Regulations 15 and 16 create new reporting obligations on relevant persons in relation to suspected breaches of prohibitions or failures to comply with obligations under, respectively, trade sanctions regulations and aircraft sanctions regulations and shipping sanctions regulations. These regulations make failure to comply with these new reporting obligations a criminal offence. Regulation 17 creates a new general power for the Secretary of State to request information from a person for the purposes set out in that regulation, including monitoring compliance with or detecting evasion of sanctions regulations. Regulations 18 and 19 create new powers for the Secretary of State to request information from a person about, respectively, trade licences, and aircraft licences and shipping licences. Regulation 20 provides that a request under regulations 17 to 19 may include a request to produce certain documents. Regulation 21 creates new criminal offences in relation to the requirements in regulations 17 to 20 for a person to provide information or produce certain documents. Regulation 22 makes provision for penalties for an offence under the reporting obligations in regulations 15 and 16 and the information-related offences in regulation 21. Regulation 23 makes provision for the jurisdiction to try offences, regulation 24 makes provision for the procedure for offences by unincorporated bodies and regulation 25 makes provision in relation to the time limit for proceedings for summary offences. Regulation 26 makes provision for the Commissioners for His Majesty’s Revenue and Customs to investigate an offence in relation to the reporting obligation in regulation 15 in relation to trade sanctions regulations and the information-related offences in regulation 21 to the extent that they apply to trade sanctions regulations. Regulations 27 and 28 prescribe powers for, respectively, the sharing and provision of information to enable the effective implementation and enforcement of the sanctions regime in the United Kingdom. Regulation 29 contains supplemental provision in relation to the sharing and provision of information under Part 3. Part 4 contains a miscellaneous provision applying the investigatory powers in Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) to the offences under aircraft sanctions regulations and shipping sanctions regulations set out in regulation 30. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. --- Source: https://www.legislation.gov.uk/uksi/2024/948/note (the official version) Page: https://openlegislation.uk/trade-aircraft-and-shipping-sanctions-civil-enforcement-regulations-2024/note/enacted Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.