International sanctions have become a popular foreign policy instrument. Once limited to a few cases, they now have a broad mandate. In principle, sanctions aimed at addressing serious human rights violations, stopping arms sales to parties to armed conflicts and supporting peace negotiations are an important political instrument. However, there is growing evidence that the practice of international sanctions has become more of a problem than a solution for a humane and peaceful international order. The main causes are the excessive use of sanctions in general and the increasing use of sanctions as an instrument of power. These developments have also increased the negative side effects of sanctions.
We believe it is important to keep a register of legal and natural persons sanctioned by the United Kingdom, the European Union and the United States of America. If your business is international, this may be of concern to you, as they affect not only the sanctioned countries and individuals, but also those who do business with them.
1. EUROPEAN UNION
RUSSIA
- On 1 March 2022, COUNCIL DECISION (CFSP) 2022/346 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of actions by Russia which destabilise the situation in Ukraine has been published in the Official Journal of the European Union.
In view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, further restrictive measures should be introduced with regard to the provision of specialised financial messaging services to certain Russian credit institutions and their Russian subsidiaries which are relevant to the Russian financial system and are already subject to restrictive measures imposed by the Union or by partner countries, and, with certain exceptions, with regard to relations with the Russian Direct Investment Fund. It is also appropriate to prohibit, with certain exceptions, the supply of euro banknotes to Russia.
- On 1 March 2022, COUNCIL DECISION (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of actions by Russia destabilising the situation in Ukraine has been published in the Official Journal of the European Union.
Whereas:
It is necessary to introduce further restrictive measures in order to suspend urgently the broadcasting activities of such media in or towards the Union. Such measures should be maintained until the aggression against Ukraine ceases and until the Russian Federation and its associated media cease propaganda actions against the Union and its Member States.
- On 4 March 2022, COUNCIL DECISION (CFSP) 2022/376 of 3 March 2022 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine was published in the Official Journal of the European Union.
- On 9 March 2022, COUNCIL DECISION (CFSP) 2022/395 of 9 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of actions by Russia which destabilise the situation in Ukraine was published in the Official Journal of the European Union.
Additional restrictive measures are established with regard to the export of maritime navigation products and technology. The list of legal persons, entities and bodies subject to prohibitions concerning investment services, transferable securities, money market instruments and loans is extended.
- On 9 March 2022, COUNCIL DECISION (CFSP) 2022/397 of 9 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine was published in the Official Journal of the European Union.
One hundred and forty-six (146) members of the Council of the Russian Federation who ratified the decisions of the Government concerning the ‘Treaty on Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Donetsk People’s Republic and between the Russian Federation and the Luhansk People’s Republic’ are added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. In addition, fourteen (14) persons who support the Government of the Russian Federation and who benefit from or provide a substantial source of income to the Government of the Russian Federation or are associated with listed persons or entities should be added to the list.
- On 11 March 2022, COUNCIL DECISION (CFSP) 2022/411 of 10 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine was published in the Official Journal of the European Union.
- On 15 March 2022, COUNCIL DECISION (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine was published in the Official Journal of the European Union.
The Council considers that fifteen (15) persons and (9) nine entities should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP.
- On 15 March 2022, COUNCIL DECISION (CFSP) 2022/430 of 15 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of actions by Russia which destabilise the situation in Ukraine was published in the Official Journal of the European Union.
This Decision should prohibit all transactions with certain public undertakings. It is also appropriate to prohibit the provision of any credit rating service, as well as access to any subscription service related to credit rating activities, to any Russian person or entity. Moreover, it is appropriate to impose tighter restrictions on the export of dual-use items and technology, as well as of items and technology that can contribute to technological upgrading by Russia’s defence and security sector, and to extend the list of persons linked to Russia’s defence and industrial base subject to such restrictions. It is also appropriate to prohibit new investments in the Russian energy sector, and to introduce a comprehensive restriction on the export of equipment, technology and services for the energy industry in Russia, with the exception of the nuclear industry and the downstream energy transport sector. Finally, it is appropriate to introduce new trade restrictions on steel products as well as on luxury goods.
BELARUS
- On 2 March 2022, COUNCIL DECISION (CFSP) 2022/354 of 2 March 2022 on restrictive measures against actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine was published in the Official Journal of the European Union.
Given the gravity of the situation and the fact that Belarus is participating in an unprovoked Russian invasion against Ukraine, given that it is allowing military aggression from its territory, the Council considers that twenty-two (22) natural persons should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP.
- On 2 March 2022, COUNCIL DECISION (CFSP) 2022/356 of 2 March 2022 on restrictive measures in view of the situation in Belarus was published in the Official Journal of the European Union .
The title of Decision 2012/642/CFSP is amended and new restrictive measures are introduced. In particular, it is appropriate to introduce new restrictions related to trade in goods used for the production or manufacture of tobacco products, mineral fuels, bituminous substances and gaseous hydrocarbons, potassium chloride (potash) products, wood products, cement products, steel products and rubber products. It is also appropriate to impose further restrictions on exports of dual-use items and technology and on the supply of related services, as well as restrictions on exports of certain items and technology that can contribute to the development of the military, technological, defence and security sector of Belarus, and restrictions on the supply of related services.
- On 9 March 2022, COUNCIL DECISION (CFSP) 2022/399 of 9 March 2022 was published in the Official Journal of the European Union Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and its involvement in the Russian aggression against Ukraine.
Whereas:
It is appropriate to prohibit the listing and provision of services in relation to shares of Belarusian State-owned entities on trading venues in the Union; to limit Belarusian financial inflows into the Union; to prohibit transactions with the Central Bank of Belarus; to restrict the provision of specialised financial messaging services to certain Belarusian credit institutions and their Belarusian subsidiaries. It is also appropriate to add obligations on the network manager in charge of the Single European Sky air traffic management network functions, in relation to overflight bans.
YEMEN
- On 9 March 2022, COUNCIL IMPLEMENTING DECISION (CFSP) 2022/420 of 14 March 2022 implementing Decision 2014/932/CFSP concerning restrictive measures in view of the situation in Yemen has been published in the Official Journal of the European Union. One (1) entity is added to the list set out in the Annex to Decision 2014/932/CFSP.
BOSNIA AND HERZEGOVINA
- On 18 March 2022, COUNCIL DECISION (CFSP) 2022/450 of 18 March 2022 amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina was published in the Official Journal of the European Union.
The Council considers that it follows from the review of Decision 2011/173/CFSP that the restrictive measures should be extended until 31 March 2024.
2. UNITED STATES
RUSSIA
- As of 3 March 2022, pursuant to Executive Order (E.O.) 14024, which authorises the imposition of sanctions against Russia for its harmful foreign activities, including the violation of basic principles of international law such as respect for the territorial integrity of other States, forty-seven (47) individuals, forty-three (43) entities, one (1) vessel and two (2) aircraft have been added to the SDN list.
The US Treasury Department’s Office of Foreign Assets Control (OFAC) and the US State Department intensified pressure on Russia by sanctioning numerous Russian elites and their family members, identifying certain properties of these individuals as blocked, and sanctioning Russian intelligence-led disinformation media. Sanctioned elites continue to provide direct and indirect support to the government of the Russian Federation through their business empires, wealth and other resources. The assistance of these individuals, their families and other elites enables President Vladimir Putin to continue to carry out the ongoing unprovoked invasion of Ukraine.
- On 9 March 2022, Executive Order 14066 of 8 March 2022 “Executive Order on Prohibiting Certain Imports and New Investments With Respect to Continued Russian Federation Efforts to Undermine the Sovereignty and Territorial Integrity of Ukrain” is published. (EO 14024).
This Order prohibits:
- The importation into the United States of crude petroleum; petroleum; petroleum fuels, oils and products of their distillation; liquefied natural gas; coal and coal products of Russian origin;
- New investments in the energy sector in the Russian Federation by a person of US nationality, wherever located; and
- Any approval, financing, facilitation, or guarantee by a U.S. person, wherever located, of a transaction by a foreign person where the transaction by such foreign person would be prohibited by this section if it were conducted by a U.S. person or within the United States.
- On 11 March 2022, pursuant to Executive Order (E.O.) 14024, which authorises the imposition of sanctions against Russia for its harmful foreign activities, including the violation of basic principles of international law, such as respect for the territorial integrity of other states, thirty-five (35) natural persons, one (1) vessel and one (1) aircraft have been added to the SDN list.
- On 11 March 2022, Executive Order 14068 of 11 March 2022 “Executive Order on Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian Federation Aggression” is published.
This Order prohibits the importation into the United States of the following products of Russian origin:
- Fish, shellfish, and preparations thereof; alcoholic beverages; non-industrial diamonds; and such other products of Russian origin as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce.
In addition, the export, re-export, sale or supply directly or indirectly, from the United States, or by a person from the United States, wherever located, of luxury goods is also prohibited.
- As of 15 March 2022, pursuant to Executive Order (E.O.) 14024, which authorises the imposition of sanctions against Russia for its harmful foreign activities, including the violation of basic principles of international law, such as respect for the territorial integrity of other states, ten (10) natural persons have been added to the SDN list.
- As of 15 March 2022, pursuant to Executive Order (E.O.) 13818, which is based on the Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuses and corruption around the world, three (3) natural persons and one (1) entity have been added to the Russian SDN list.
- On 24 March 2022, pursuant to Executive Order (E.O.) 14024, which authorises the imposition of sanctions against Russia for its harmful foreign activities, including the violation of basic principles of international law, such as respect for the territorial integrity of other states, three hundred and forty-seven (347) natural persons, forty-nine (49) entities and one (1) vessel have been added to the SDN list.
The appointments include dozens of Russian defence companies, 328 members of the Russian State Duma, and the head of Russia’s largest financial institution.
SOUTH AFRICA
- On 1 March 2022, OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support to terrorists or acts of terrorism, has added three (3) natural persons of South African nationality to the SDN list.
TANZANIA
- On 1 March 2022, OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support for terrorists or acts of terrorism, has added one (1) natural person of Tanzanian nationality to the SDN list.
SYRIA
- On 7 March 2022, OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support for terrorists or acts of terrorism, has added one (1) natural person of Syrian nationality to the SDN List.
LEBANON
- On 4 March 2022, OFAC, pursuant to Executive Order (E.O.) 13224, which targets terrorists, leaders and officials of terrorist groups, and those who provide support for terrorists or acts of terrorism, has added two (2) natural persons of Lebanese nationality operating in Guinea to the SDN list.
NORTH KOREA
- On 11 March 2022 OFAC, pursuant to Executive Order (E.O.) 13382 North Korea Sanctions Regulations, sections 510.201 and 510.210 [DPRK2] has added two (2) natural persons and three (3) at-risk entities to the SDN list.
BELARUS
- On 15 March 2022 OFAC, pursuant to Executive Order (E.O.) 14038 blocking the assets of persons contributing to the situation in Belarus, has added one (1) natural person to the SDN list.
DEMOCRATIC REPUBLIC OF THE CONGO
- On 17 March 2022 OFAC, pursuant to Executive Order (E.O) 13413, which targets persons and entities engaged in activities that threaten the peace, security or stability of the DRC or that undermine democratic processes or institutions in the DRC, has added to the SDN list one (1) natural persons and nine (9) entities, including entities of nationality of
In a press release OFAC states the following:
A network of companies involved in the illicit movement of gold worth hundreds of millions of dollars a year from the Democratic Republic of Congo (DRC) has been placed on OFAC’s SDN list. The illicit movement of gold provides revenue to armed groups that threaten the peace, security, and stability of the DRC. Our action demonstrates the United States’ commitment to disrupt the illicit trade in minerals and promote transparency in the mining sector.
As a result of today’s action, all assets and interests in assets of these persons that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. In addition, any entity that is owned, directly or indirectly, 50% or more by one or more blocked persons is also blocked. Unless authorised by or exempted from a general or specific licence issued by OFAC, OFAC regulations generally prohibit all transactions by U.S. persons or within (or in transit through) the United States involving any ownership or ownership interest in designated or otherwise blocked persons.
GUATEMALA
- On 18 March 2022, OFAC, pursuant to Executive Order (E.O) 14059 (ILLICIT-DRUGS-EO), which imposes sanctions on foreign persons involved in the global illicit drug trade, has added seven (7) natural persons and two (2) entities of Guatemalan nationality to the SDN.
SUDAN
- On 21 March 2022, OFAC, pursuant to Executive Order (E.O.) 13818, which is based on the Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuses and corruption around the world, has added one (1) natural person to the SDN List.
NIGERIA
- On 25 March 2022, OFAC, pursuant to Executive Order (E.O.) 13224, as amended by Executive Order (E.O.) 13886, added six (6) natural persons linked to Boko Haram to the SDN List.
As a result of today’s sanctions, the US Treasury Department’s Office of Foreign Assets Control (OFAC) has designated a network of six individuals linked to the Nigeria-based terrorist group, Boko Haram. The six were convicted of establishing a Boko Haram cell in the United Arab Emirates (UAE) to raise funds and provide material assistance to Boko Haram insurgents in Nigeria.
MYANMAR/BURMA
- As of 25 March 2022 OFAC, Executive Order (E.O.) 14014 blocking property with respect to the situation in Myanmar has added five (5) natural persons and five (5) entities to the SDN list.
Five individuals and five entities associated with Burma’s military regime have been designated. The designations come as the regime prepares to celebrate the 77th Armed Forces Day. The US has concluded that the Burmese military has committed genocide, crimes against humanity and ethnic cleansing against the Rohingya. The military has committed atrocities and other abuses against members of other ethnic and religious minority groups for decades. Following the 1 February 2021 coup that overthrew Burma’s democratically elected civilian government, the military committed numerous atrocities against the Burmese people, including violent repression of political dissent and violence against innocent people, including at pro-democracy protests during last year’s Armed Forces Day, in which more than 100 people were killed.
3. UNITED KINGDOM
RUSSIA
- On 1 March 2022 the UK Government has added three (3) natural persons and (5) entities to the UK Sanctions List (“UKSL List”) under the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019.
- On 1 March 2022 the UK Government, under the Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.2) Regulations 2022 (Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.2) Regulations 2022) is prohibited from dealing in securities or money market instruments issued by, or providing loans/credit to, a person connected with Russia or the Russian Government. UK financial or credit institutions are also prohibited from having a correspondent banking relationship and from processing sterling payments to, from or through a designated person or to a financial or credit institution owned or controlled by it or financial institution owned or controlled by it.
- On 1 March 2022 the British Government, under the Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.3) Regulations 2022 (Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.3) Regulations 2022) is prohibited:
- Export, supply, deliver and make available dual-use and critical-use goods.
- Make available and transfer dual-use technology and technology from industry.
- Providing technical assistance, financial services, funds and brokering services for dual-use and critical technology and goods.
- On 1 March 2022 the UK Government, under the Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.4) Regulations 2022 (Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.4) Regulations 2022) bans Russian ships from entering UK ports.
- On 1 March 2022 the UK Government, pursuant to the Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.5) Regulations 2022 (Regime: Russia (Sanctions) (EU Exit) (Amendment) (No.5) Regulations 2022) prohibits a UK person or entity from providing financial services for the purpose of foreign exchange reserve and asset management to four (4) public entities of the Russian Federation and/or persons acting on their behalf.
- On 3 March 2022 the UK Government under the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019 has added five (5) natural persons to the UK Sanctions List (“UKSL List“).
- On 8 March 2022 the UK Government published the Russia (Sanctions) (EU Exit) (Amendment) (No.6) Regulations 2022 (“Amendment”), amending the Russia (Sanctions) (EU Exit) (Amendment) (No.6) Regulations 2019. The amendment provides for new sanctions against Russia in aviation, trade and maritime transport.
- On 10 March 2022, the UK Government, under the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019, has added seven (7) natural persons to the UK Sanctions List (“UKSL List”).
- On 11 March 2022, the UK Government, under the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019, added three hundred and eighty-six (386) natural persons to the UK Sanctions List (“UKSL List”) as Members of the State Duma of the Russian Federation.
- On 15 March 2022, the UK Government, under the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019, has added three hundred and sixty-four (364) individuals and entities to the UK Sanctions List (“UKSL List”) which includes Members of the Council of the Russian Federation.
- On 24 March 2022 the UK Government, under the Regime: Russia (Sanctions) (Eu Exit) Regulations 2019, added fifty-nine (59) natural persons to the UK Sanctions List (“UKSL List”).
Sanctioned individuals and entities include strategic industries, banks and business elites and those aiding Russia’s invasion of Ukraine, as well as multiple Russian defence and railway companies.
YEMEN
- On 1 March 2022 the UK Government has, by virtue of the Regime: Yemen (Sanctions) (Eu Exit) Regulations 2020 added to the UK Sanctions List (‘UKSL List‘) one (1) entity to the UK Sanctions List (1).
SYRIA
- On 8 March 2022 the UK Government, under the Regime: Isil (da’esh) and Al-Qaeda (United Nations Sanctions) (EU Exit) Regulations 2019, added to the UK Sanctions List (‘UKSL List’) one (1) entity classified as a terrorist group operating primarily in Syria. It also has operations in Turkey, Kyrgyzstan, Uzbekistan, Russian Federation, Tajikistan, Kazakhstan, Egypt, Afghanistan and Ukraine.
CYBERSECURITY
- On 15 March 2022 the UK Government, under the Regime: Cyber (Sanctions) (EU Exit) Regulations 2020 which aims to prevent relevant cyber activity that (a) seeks to undermine the integrity, prosperity or security of the United Kingdom or a country other than the United Kingdom, (b) directly or indirectly causes, or is intended to cause, economic loss to, or damage to the commercial interests of, those affected by the activity, (c) undermines, or is intended to undermine, the independence or effective functioning of an international organisation, or a non-governmental organisation or forum whose mandate or purposes relate to the governance of international sport or the internet, or (d) otherwise affects a significant number of persons indiscriminately, has added nine (9) natural persons to the UK Sanctions List (“UKSL List”).
- On 15 March 2022 the UK Government, pursuant to the Regime: Cyber (Sanctions) (EU Exit) Regulations 2020 has added one (1) natural person to the UK Sanctions List (“UKSL List”).
BELARUS
- On 24 March 2022 the UK Government, under the Regime: The republic of Belarus (Sanctions) (EU Exit) Regulations 2019 has added six (6) entities to the UK Sanctions List (“UKSL List”).
MYANMAR/BURMA
- On 25 March the UK Government, under the Regime: The Myanmar (Sanctions) Regulations 2021, added three (3) individuals and three (3) entities to the UK Sanctions List (“UKSL List”) for providing support for military activities.
*******************************
In Madrid, 31st March 2022
International Trade and Sanctions Department
Lupicinio International Law Firm
******
More Information:
Lupicinio International Law Firm
C/ Villanueva 29
28001 Madrid
T: +34 91 436 00 90
info@lupicinio.com
