UK Sanctions Weekly Update - Week of November 27, 2023

In this weekly update, we summarise the most notable updates in the UK sanctions world. If you have any questions in respect of any of the developments set out below, please do not hesitate to contact a member of our London Global and Government Trade team listed above.

1. Russia Sanctions

• HMRC issues three compound settlements offers between August and November 2023: On December 1, 2023, HMRC announced it had issued compound settlement offers to three UK exporters totalling in excess of £77,000.00. These settlements relate to unlicensed exports of Dual Use goods and related activity controlled by The Export Control Order 2008 and a breach of The Russia (Sanctions) (EU Exit) Regulations 2019. (NTE 2023/23: compound settlement - GOV.UK (www.gov.uk)).
• UK Government amends Russia sanctions list: On November 30, 2023, the UK Government amended the sanction list under the Russia regime to update the entry for Mihajlo Perencevic.  The individual remains subject to an asset freeze and trust services sanctions. (Notice_Russia_301123.pdf (publishing.service.gov.uk)).
• OFSI successfully defends first court review: On November 28, 2023, OFSI published a blog on its successful defence of a legal challenge against its decision to refuse to grant certain licence requests to a UK assets freeze target.  OFSI stated that it will “robustly defend baseless challenges against its decisions and ensure financial sanctions are implemented to support the objectives of the Russia sanctions regime and applicable licensing grounds”.  By way of background, on October 26, 2023, the High Court handed down its judgment rejecting a legal challenge by Mikhail Fridman against OFSI’s decision to refuse him certain licence requests.  Mr Fridman had argued that OFSI was wrong to refuse certain licence requests made under the prior obligations, basic needs and routine holding and maintenance licensing grounds in respect of his primary residence in the UK. However, Mr Justice Saini dismissed the claim on all grounds. (OFSI successfully defends first Court Review - Office of Financial Sanctions Implementation (blog.gov.uk)).
• UK Law Society updates guidance on sanctions and publishes guidance note on ownership and control: On November 27, 2023, the Law Society updated its guidance on the UK sanctions regime to note that it has published a joint note with the Bar Council on the “control” test following the NBT v Mints case.  The guidance note was prepared prior to the High Court’s judgment in Litasco SA v Der Mond Oil and Gas Africa SA.  (https://www.lawsociety.org.uk/topics/anti-money-laundering/sanctions-guide#control-test; https://prdsitecore93.azureedge.net/-/media/files/topics/aml/sanctions-control-test-law-society-bar-council-nov-2023.pdf?rev=ee81160dbd434a5b8562b0a573ddefa7&hash=18781E454E2B8A34B381CC7AE9B5FC51).

2. Libya sanctions

• UK Government update Libya sanction list: On November 29, 2023, the UK Government updated the sanctions list under the Libya sanctions regime to amend the entries for the following: (i) Osama Al Kuni Ibrahim; (ii) Abd Al-Rahman Salim Ibrahim Al-Milad; (iii) Mohammed Al Amin Al-Arabi Kashlaf; (iv) Saadi Qadhafi; and (v) Sayyid Mohammed Qadhafi. These individuals remain subject to an asset freeze and travel ban. (Notice_Libya_301123.pdf (publishing.service.gov.uk)).

3. Iran sanctions

• UK Government update Iran sanction list: On November 27, 2023, the UK Government updated the sanctions list under the Iran sanctions regime to amend the entry for Ya Mahdi Industries Group. This entity remains subject to an asset freeze. (https://assets.publishing.service.gov.uk/media/6564952162180b000dce8214/Notice_Iran__Nuclear__271123.pdf).