The UK developed its own autonomous sanctions statutory framework in 2018 through the enacment of the Sanctions and Anti-Money Laundering Act (SAMLA). The Russia (Sanctions) (EU Exit) Regulations 2019 were devised shortly thereafter and have been revised and expanded on numerous occasions since. There is very little case law to assist in the interpretations of the Russia Regulations or the underlying primary legislation. In at least one instance, the British Government has interpreted the statutory framework differently to the judiciary – the Boris Mints case, which is explored in an article we wrote explaining the decision, which can be read here: UK’s Sanctions on Russian Financial Institutions | Eldwick Law
Given the high degree of uncertainty, as well as the unprecedented scale, breadth and impact of sanctions against Russia, it is important that individuals and businesses operating in or around Russia take proper advice on what prohibitions apply to their personal and commercial dealings. It is equally important that you have mechanisms in place to ensure that you are keeping up to speed with the ever changing and multi-faceted nature of sanctions against Russia.
As a London-based law firm, we are experts in the UK’s sanctions regime against Russia, which is one of the most aggressive and widespread. However, we have worked and led teams of lawyers on providing advice to clients that require global compliance, in particular from a G7 perspective. We work closely with counsel in the EU, US, Canada and Australia which are the most aggressive in imposing sanctions against Russia following its invasion of Ukraine in February 2022.
How can we assist?
We can provide the following services in relation to the sanctions against Russia:
- Sanctions Compliance – https://eldwicklaw.com/expertise/sanctions-export-control/sanctions-compliance/
- Licence applications to OFSI – https://eldwicklaw.com/expertise/sanctions-export-control/sanctions-ofsi-licences/
- Advice on trade and export control – https://eldwicklaw.com/expertise/sanctions-export-control/trade-and-export-control/
- De-listing applications – https://eldwicklaw.com/expertise/sanctions-export-control/sanctions-designation-de-listing/
- Sanctions litigation – https://eldwicklaw.com/expertise/sanctions-export-control/sanctions-litigation/
Representative Matters:
- Drafting a global sanctions policy for a Kazakh state company, to include preparation, implementation and training. Acting as the lead Partner on implementing the UK related section of the policy and coordinating with Australian, Canadian, US, EU and Kazakh counsel to complete the global sanctions policy.
- Advising a UK company, with subsidiaries in India, on the impact of sanctions on the export of pharmaceuticals to Russia, under the Russia Regulations. Issues concerning dual-use and the approach taken by the recently formed Office of Trade Sanctions Implementation (OTSI).
- Advising a UK chemical company on divestment of its subsidiary from Russia, including in obtaining trade licences from the Export Control Joint Unit.
- Advising a property management company on the impact of sanctions on the recovery of service charges from persons designated under the Russia Regulations.
- Advising a UK software company on how the Russia Regulations impacted their business operations, in particular their use of patented software belonging to a Russian company.
- Advising a UK based electronic payment company on the effect of Ukrainian sanctions designation in the UK.
- Advising a UK national on the purchase of shares in Evraz plc on the secondary market.