UK – OFSI imposes civil penalty for sanctions breaches

Today OFSI announced it had imposed a £50,000 financial penalty on TransferGo in the latest example of the use of its civil enforcement powers.

OFSI’s penalty notice is available here.

The fine was imposed in relation to 16 transactions over nearly 2 years valued at just £7,674.77 through which funds were made available Russian National Commercial Bank, which is a designated person under the EU’s Russian sanctions.

TransferGo did not self report but did cooperate with the investigation.

OFSI’s notice makes clear that the RNCB was not the intended beneficiary of the transactions, rather the recipients of the transfers were accounts held by non-designated persons with RNCB. OFSI has made clear that as funds held in bank accounts are legally held by the banks, that these transfers all amounted to making funds available to RNCB

UK – OFSI Annual Report for 2020-2021: enforcement statistics

The UK’s OFSI has published its Annual Report for 2020-2021.

OFSI notes that it received 132 reports of potential financial sanctions breaches.

Interestingly, OFSI declined to publish the usual annual figure of the value of the reported breaches noting that “the total value of potential breaches reported during a financial year can be disproportionately affected by a small number of transactions with a large value”.

UK: HMRC fines 19 companies for export controls violations

Today the UK government announced compound penalties of £700,386.01 imposed for breaches of the UK’s export controls.

The announcement from the Export Control Joint Unit provides little detail, but there were 19 settlements in all with the individual penalties ranging from £1,000 to £211,250.

The exports were of dual-use goods and military goods.

This announcement is in line with the HMRC’s policy of entering into civil settlements using its compounding powers, and with anonymised publication of the details.

 

UK: OFSI imposes £20.4m civil penalty

Today the UK’s Office of Financial Sanctions Implementation imposed a civil penalty of £20,471,809.83 on Standard Chartered Bank in the latest (and largest) use of its civil enforcement powers. The fine included a 30% reduction to take account of self-reporting and cooperation.

OFSI’s Penalty Report can be found here.

The breaches of the EU’s Russian sanctions regulation 833/2014 arose out of the provision of multiple loans to the non-EU subsidiary of a Russian bank in breach of the restrictions on certain Russian banks accessing the EU’s capital markets. In total 21 loans valued at over £97m were issued during the period after OFSI acquired its civil enforcement powers.

Initially OFSI’s fines were £31.5m, but the fines were reduced after Standard Chartered exercised its right to a ministerial review of the penalties.

 

UK – OFSI’s third monetary penalty

OFSI has today imposed a fine of £146,341 against Telia Carrier UK Limited for breaches of the EU’s Syrian sanctions.

The breaches arose out of Telia facilitating telephone calls for SyriaTel which is a designated person under the EU sanctions. The phone connections were treated as “economic resources” for the purposes of the sanctions.

The fine in this instance was reduced from £300,000 after Telia opted to seek a ministerial review of OFSI’s penalty.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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