Appealing a civil monetary penalty for a breach of trade sanctions
How to request a review and how to appeal to the Upper Tribunal.
This guidance relates to the Office of Trade Sanctions Implementation (OTSI). OTSI will be able to exercise enforcement powers under The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 when it comes into effect on 10 October 2024. UK persons and businesses will need to comply with the new legislation from that date.
What OTSI must tell you
If the Office of Trade Sanctions Implementation (OTSI), which is part of the Department for Business and Trade (DBT), has made a decision to impose a civil monetary penalty on you for a breach of trade sanctions (after they’ve informed you of their intention to do so and considered any representations you may have made), they must tell you:
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what their decision is
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that you are entitled to seek a review
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the date by which you must tell OTSI whether you want a review
Requesting a review
If you request a review, the Secretary of State (or a delegated authority such as a minister or a senior official who is unconnected with the original decision) will review the monetary penalty.
They may decide to:
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uphold the decision to impose a penalty and its amount
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uphold the decision to impose a penalty, but increase or lower the amount
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cancel the decision to impose a penalty
Appealing to the Upper Tribunal
You must seek a review before you can appeal to the Upper Tribunal.
If you’re unsatisfied with the decision, you may appeal to the Upper Tribunal.
If you choose to appeal to the Upper Tribunal, it may:
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uphold the decision to impose the penalty and its amount
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uphold the decision to impose the penalty, but increase or lower the amount of the penalty
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quash the decision to impose the penalty
Find out how to appeal to the Upper Tribunal.
Get help
Contact OTSI using the enquiry form.