The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024

Disclosure of information

27.—(1) The Secretary of State may, in accordance with this regulation, disclose any information obtained under or by virtue of this Part.

(2) Information referred to in paragraph (1) may be disclosed for, or in connection with, any of the following purposes—

(a) any purpose stated in regulation 4;

(b) the exercise of functions under these Regulations;

(c) facilitating, monitoring or ensuring compliance with the Act and regulations or directions made under it;

(d) taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the United Kingdom—

(i) for an offence under sanctions regulations;

(ii) for an offence under CEMA in connection with any offence under sanctions regulations;

(iii) in relation to a monetary penalty under sanctions regulations or section 146 (breach of financial sanctions legislation) of the Policing and Crime Act 2017(1);

(e) taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in any of the Channel Islands, the Isle of Man, or any British overseas territory, for an offence under a provision in any such jurisdiction that is similar to a provision in sanctions regulations;

(f) compliance with an international obligation(2);

(g) facilitating the exercise by an authority outside the United Kingdom or by an international organisation of functions which correspond to functions under sanctions regulations.

(3) Information referred to in paragraph (1) may be disclosed to the following persons—

(a) a police officer;

(b) any person holding or acting in any office under or in the service of—

(i) the Crown in right of the Government of the United Kingdom,

(ii) the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,

(iii) the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,

(iv) the Government of the Isle of Man, or

(v) the Government of any British overseas territory;

(c) any law officer of the Crown for Jersey, Guernsey or the Isle of Man;

(d) the Scottish Legal Aid Board;

(e) the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England, the Jersey Financial Services Commission, the Guernsey Financial Services Commission or the Isle of Man Financial Services Authority;

(f) any other regulatory body (whether or not in the United Kingdom);

(g) any organ of the United Nations;

(h) the Council of the European Union, the European Commission or the European External Action Service;

(i) the Government of any country;

(j) any other person where the Secretary of State considers that it is appropriate to disclose the information.

(4) Information referred to in paragraph (1) may be disclosed to any person with the consent of a person who, in their own right, is entitled to the information.

(5) In paragraph (4) “in their own right” means not merely in the capacity as a servant or agent of another person.

(1)

2017 c. 3. Section 146 is amended by the Economic Crime (Transparency and Enforcement) Act 2022, section 54.

(2)

Section 1(8) of the Sanctions and Anti-Money Laundering Act 2018 defines “international obligation” as an obligation of the United Kingdom created or arising by or under any international agreement.