At Eldwick Law, we have significant experience in advising and representing designated individuals in their de-listing applications, including to the UK Administrative Court and the EU General Court in Luxembourg. We also work with US counsel in delisting petitions to OFAC.
If you have been designated as a sanctioned individual or entity by the UK, then your recourse will be to bring an administrative challenge against the decision of the UK government. This is primarily by making a request, under section 23 of SAMLA, to the relevant minister (usually the Foreign Secretary) for your designation to be reviewed. If that request is refused, then you would bring an administrative challenge, effectively a judicial review under sections 38 and 39 of SAMLA challenging the decision of the UK government before the Administrative Division of the High Court.
It is rare for challenges under section 39 of SAMLA to be successful, and it is therefore important that the request for a review and any subsequent challenge under sections 38 and 39 contain the proper legal and factual grounds for why the designation was unlawful, unfair and/or a violation of your rights. We can advise you on the process and your likelihood of success.
Representative matters:
- Tri-Ocean Energy v Council T-719/14 ECLI:EU:T:2016:458 – Acting for an Egyptian oil company in proceedings before the General Court in Luxembourg to de-list from the EU sanctions list.
- Tri-Ocean Trading v Council T-709/14 ECLI:EU:T:2016:459 – Acting for the parent company of an Egyptian oil company in proceedings before the General Court in Luxembourg to de-list from the EU sanctions list.
- Farahat v Council T-830/14 ECLI:EU:T:2016:462 – Acted for an individual subject to the EU Syrian sanctions on the ground of being employed by a company allegedly supplying crude oil to the Syrian government.
- Acting for a UAE based chemical manufacturer on sanctions imposed in relation to the UK’s sanctions regime against Syria.
- Advising a Nigerian national in US and UK sanctions arising out of the sanctions regimes against Lebanon.