Following the announcement of the Serious Crime Prevention Orders, on 8 January, the UK Government announced its intention to bring forward legislation establishing a new sanctions regime which will target irregular migration and organised immigration crime.
The crime of smuggling of migrants
Smuggling of migrants is defined under Article 3 of the Protocol against smuggling of migrants by land, sea and air, supplementing the United Nations Convention against transnational organised crime as:
“the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident”.
In the UK, smugglers are persecuted under the Immigration Act 1971.
Although they can be related, the crime of smuggling of migrants is different from the crime of human trafficking, defined in the Palermo Protocol (also supplementing the United Nations Convention against transnational organised crime) and punished in the UK under the Modern Slavery Act 2015.
The sanctions regime
In broad terms, sanctions are economic, trade or other measures (such as travel bans) taken by a state, group of states or international organisation(s) for a variety of purposes.
Even though it is not yet clear what this new sanctions regime will entail, the wording of the UK Government’s press release suggests that the legislation will impose asset freezes and other financial sanctions on persons designated under this regime. This could result in freezing of bank accounts and other assets of the smugglers as well as those belonging to other actors, such as manufacturers or individuals fabricating the boats used by smugglers.
UK Government intends to collaborate with its international allies to disrupt dangerous crime gangs and people smugglers.
How Gherson can help
At Gherson LLP, we are closely monitoring the progress of this sanctions regime and its implications.
Gherson lawyers have significant experience in advising on immigration and sanctions matters, including sanctions compliance. We can provide training for your staff, help you with developing new sanctions policies and advancing existing programmes.
Updated: 10 January 2025
If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2024