Sanctions (known as ‘restrictive measures’ in the EU) can ruin lives and reputations. As an established lawyer, with substantial experience in defending clients both in the civil and criminal courts, I will provide you with unmatched advice and ensure effective representation in the challenging of a US, EU, or UN issued targeted sanction.
Sanctions involving asset freezes and/or travel bans can affect the livelihood of you, your family, employees, and those in your supply chain. If you are the recipient of a sanction which freezes assets owned by you or your organisation or controls elements of your exports, you need access to the very best legal representation. As a barrister in London, I have an in-depth understanding of criminal and international law. I can provide legal advice around sanctions law and achieve having the sanctions lifted.
When it comes to challenging sanctions, tactics and strategy are key. I will work with you to put together a robust, persuasive argument, detailing why the sanctions imposed on your and/or your organisation are flawed.
In addition to committing to the sheer hard work required to get the best results for my clients, I have built trusted relationships with highly respected experts in various areas who can act as persuasive and intelligent witnesses.
What is a targeted sanction?
Unlike sanctions which are applied to a country, targeted sanctions are aimed at individuals, companies, and organisations. Alternatively, they can restrict the trade of certain commodities.
For example, under the main counter-terrorism sanctions regimes created under Chapter VII of the United Nations (UN) Charter, UN member states must impose an asset freeze, travel ban, and arms embargo on persons and entities designated by the United National Security Council (UNSC).
What is the difference between UN, US, and EU sanctions?
UN Security Council Resolutions provide for UN issued sanctions. If sanctions against a particular country, company or individual are issued through a special resolution, each member of the UN must enact legislation at a domestic level to put the sanctions in place.
The UN has minimal ability to force States to comply with issuing UN sanctions.
US sanctions are made pursuant to executive orders made by the President of the United States under the International Emergency Economic Powers Act of 1977 and the Trading with the Enemy Act of 1971.
Sanctions are put in place by the Department of the Treasury. For example, the Ukraine/Russia-related sanctions program implemented by the Office of Foreign Assets Control (OFAC) began on 6 March 2014. Part of these sanctions prohibits the United States and/or US citizens to be involved in transactions involving transferring, paying, exporting, withdrawing, or otherwise dealing in the property or interests in property of an entity or individual listed on OFAC’s SDN List.
EU sanctions can be linked to UN sanctions. However, the EU has the power to make the sanctions stricter if it sees fit. In addition, the EU Council can issue its own Restrictive Measures. Any EU proposed sanctions must be agreed by all 28 Member States.
Certain sanctions, including non-military trade and investment, financing and technical assistance relating to military items, and asset freezes can be brought in by EU regulations, meaning that individual Member States do not have to pass separate legislation to implement them. However, enforcement and penalties for a breach are dealt with on a country level.
Member States can issue their own sanctions. For example, the UK implemented the Financial Restrictions (Iran) Order 2011 prohibiting UK financial institutions from dealing with Iranian banks unless they had a special licence.
How do sanctions work?
Sanctions work by disrupting the freedom and economic activity of the targeted person or company. This is achieved by applying:
• Financial sanctions (freezing of funds and other financial assets, ban on transactions, investment restrictions)
• Trade restrictions on particular goods (e.g. arms, diamonds, oil, lumber) or services
• Travel restrictions
• Diplomatic constraints
• Cultural and sports restrictions
• Air traffic restrictions
Can I challenge a UN, US or EU sanction?
Targeted sanctions can be challenged – in fact over half of the restrictive measure challenges in the General Court of the European Union in Luxembourg (and on appeal to the Court of Justice) over the past decade have been successful.
Decisions made by government bodies around smart sanctions can also be challenged in the UK by Judicial Review. As a UK barrister with over 15 years’ experience, I have a strong track record in making successful Judicial Review applications.
Claims for damages can also be made if it is ruled that a sanction or restrictive measure was wrongly applied or managed.
If you or your organisation has become the recipient of sanctions or restrictive measures, it is imperative you seek urgent legal advice. I can be instructed directly, or through a Solicitor. My point of difference is that I have the tenacity and intelligence to immediately spot weaknesses in the case for imposing a sanction and will use every strategic advantage to secure the best outcome for my clients.
To discuss how I can directly advise and represent you in challenging smart/targeted sanctions or a restrictive measure, please contact me on 07951 535 693 or email email@example.com.