An updated general license issued by the U.K. this week increases the cap on fees that can be paid to British law firms by parties subject to Russia-related sanctions, clarifies how the license applies to in-house lawyers, and more.
Diego Ortega, former sanctions regulations adviser at the Office of Foreign Assets Control, has joined Faegre Drinker as a government and regulatory counsel, the firm announced. Ortega worked for over three years at OFAC, where he drafted and published regulations implementing U.S. sanctions authorities and general licenses.
A recent ruling by a U.K. appellate court “sent the sanctions legal community into a bit of a tailspin” after it appeared to pave the way for the government to treat every Russian public and private entity as a sanctioned party, said Daniel Martin, a sanctions lawyer with HFW. Although the U.K. has since clarified that its sanctions aren’t necessarily meant to apply to every Russian company, Martin said questions remain, including whether banks now will be even less willing to handle Russia-related transactions, whether U.K. lawyers will continue to be able to participate in Russian-related proceedings, and whether similar logic could apply to U.K. sanctions against other countries.
Farhad Nafeiy, a California-based telecommunications consultant, pleaded guilty this week to violating the International Emergency Economic Powers Act after he breached the scope of sanctions licenses from the Office of Foreign Assets Control.
The U.K.'s Export Control Joint Unit on Aug. 11 issued a new general license under its Russia sanctions regime permitting the provision of certain legal advice and services. The license authorizes legal advisory services to any person or entity related to whether an "act or a proposed act complies with" sanctions, export and import controls on Russia. Parties may now provide legal advisory services surrounding the risk of "punitive measures" concerning sanctions on Russia, any Russian laws that "have as their object or effect the frustration of any laws specified [in any restrictive measures] including sanctions, export and import controls or other restrictive measures imposed by Russia"; or "any criminal law imposed by any jurisdiction."
The U.K. issued a General License under its Russia and Belarus sanctions regimes permitting sanctioned individuals and entities to pay legal fees to law firms and counsel. The license took effect on April 29 and permits these payments in relation to any matter, except defamation or malicious falsehood proceedings, until Oct. 28. The license distinguishes between legal services issued pre-listing and post-listing.
Mohammad Ibrahim Bazzi, a citizen of Lebanon and Belgium, and Talal Chahine, a Lebanese citizen, were charged as part of a conspiracy to launder money, cause U.S. citizens to conduct illegal transactions with a Specially Designated Global Terrorist and conduct illegal transactions with a sanctioned terrorist, the U.S. Attorney's Office for the Eastern District of New York announced Feb. 24. Each charge carries the possible punishment of up to 20 years in prison.
The U.K.'s High Court of Justice in a Nov. 4 judgment adjourned a trial between VTB Commodities Trading and Petraco Oil over the delivery of oil cargo, according to a Nov. 8 post on the EU Sanctions blog. The U.K. sanctioned VTB in February, leading it to submit an application for a license to pay legal fees for the proceeding. The Office of Financial Sanctions Implementation failed to process the application eight months after submission, leading VTB to apply to adjourn the trial that was set for May, given that the company could not make the legal payments. In the meantime, OFSI issued a General License over the provision of legal services under the Russia sanctions regime. The High Court considered the license, then adjourned the trial. The court said the trial should be resolved "in part because of the time required to obtain OFSI licences," ordering VTB to apply to OFSI for a license to cover adverse costs liability in the proceeding and to cover other costs not covered by the General License.
The U.K. released a General License under its Russia and Belarus sanctions regimes pertaining to the provision of legal services, the Office of Financial Sanctions Implementation announced. The license allows for the payment of legal fees by designated individuals and entities to law firms and counsel. The license distinguishes between legal fees issued pre- and post-designation. OFSI imposed a cap of around $574,000, VAT included, on the amount that can be claimed for legal work carried out pre-designation, and an identical cap on overall fees for legal work started post-designation with reporting obligations proving all fees are reasonable.
The U.K. implemented a General License Oct. 17 permitting individuals and entities designated under the Belarus and Russia sanctions regimes and companies owned or controlled by these sanctioned parties to pay funds to the London Court of International Arbitration to cover arbitration costs. The license also permits the LCIA to use funds deposited by sanctioned parties, companies owned or controlled by sanctioned parties or their legal representatives before their listing. The license "is of indefinite duration."