Antarctica Permit Violations: FCO Issues Strong Warning to Operators

The Foreign and Commonwealth Office (FCO) has issued a stern warning to operators, emphasizing its commitment to enforcing compliance with permit conditions in Antarctica. The FCO has made it clear that any violations of regulations will be met with swift and severe consequences.

Alteration of Permit Conditions

The FCO has the authority to alter permit conditions at any time, including during the Antarctic season, to ensure full compliance with the requirements of the Antarctic Treaty. This may include changes to enhance safety or protect the environment.

Revocation of Permit

The FCO reserves the right to revoke a permit at any time if an operator is found to be breaking the law or violating the terms of their permit. In such cases, the operator will have the right to appeal to the Antarctic Act Tribunal.

Denial of Future Permits

In addition, the FCO may deny a permit application, either temporarily or permanently, as an enforcement mechanism. This decision would also be subject to appeal to the Antarctic Act Tribunal.

Public Interest Considerations

When determining what action to take in cases of permit violations, the FCO will consider various public interest factors, including:

• The UK’s obligations under the Antarctic Treaty and Protocol
• The UK’s standing in the Antarctic Treaty System
• Previous prosecutions
• The need to inform the public about permit requirements
• The circumstances surrounding the alleged contravention

Criminal Investigations and Prosecution

In most cases, the FCO will initiate a criminal investigation into permit violations and seek prosecution. The FCO will coordinate with other government departments and agencies, but in most instances, the home police force of the permit holder will conduct the investigation.

If evidence supports a prosecution, the case will be referred to the Crown Prosecution Service (CPS), which will decide whether to proceed with charges. The CPS will only commence a prosecution if there is a “realistic prospect of conviction” on the available evidence.

Alternative Options

In cases where evidence does not support a prosecution, the FCO may consider alternative options, such as offering an out-of-court disposal or conditional caution.

Penalties and Sanctions on Conviction

Offences under Part II of the Antarctic Act 1994 are punishable by up to two years’ imprisonment, a fine not exceeding the statutory maximum, or both. Convicted operators may also be banned from travelling to Antarctica.

The FCO’s warning serves as a stark reminder of the seriousness with which permit violations will be treated. Operators are advised to carefully review and comply with permit conditions to avoid severe consequences.