The Scotsman

Expect a renewed focus on sanctions breaches in 2024

◆ The coming year will see a higher number of OFSI and HMRC enforcemen­t cases come to fruition, writes Stacy Keen

- Stacy Keen is a partner, and sanctions and financial crime specialist, at Pinsent Masons

There have been three key substantiv­e developmen­ts relating to sanctions in 2023, but Russia remains the top target with a raft of sanctions brought into force and numerous “designatio­ns” of individual­s and entities being made.

Also targeted by those sanctions are so-called “enablers” – those that have enabled existing Russian sanctions targets to either disguise the ownership of their assets or otherwise circumvent sanctions restrictio­ns. In 2024, we’re likely to see increasing numbers of designatio­ns being made against non-russian nationals/entities.

Iran has also been a focus area in 2023 – eight years on from the conclusion of the Iran deal which saw the lifting of sanctions by the UN, EU, UK and others. The US was originally a party to the Iran deal but its lifting of sanctions was comparativ­ely limited and short-lasting.

Certain nuclear-focused sanctions restrictio­ns were scheduled to be lifted in October 2023. However, the view of the UK, France and Germany was that Iran had failed to comply with its commitment­s under the 2015 plan, and that warranted the retention of sanctions.

These countries retain nuclear-related sanctions within their own sanctions regimes and there have also been new restrictiv­e measures imposed in view of Iran’s military support of Russia’s war in Ukraine. It is anticipate­d that Iran will continue to be in focus in the coming year.

Not strictly a sanctions developmen­t but related to export controls are the increasing restrictio­ns on movements of semiconduc­tors across the globe, particular­ly between the US and China.

Semiconduc­tors are used in a variety of different machines and components, and the impact that restrictio­ns are having on global supply is really problemati­c for those who are trying to source such items, particular­ly in the energy, defence and aviation sectors.

Two other prediction­s for 2024 involve the enforcemen­t of sanctions and the interplay between the civil courts and sanctions compliance. When looking at reports issued from UK government bodies, some may take the view that there has been very light enforcemen­t of sanctions in 2023.

The Office of Financial Sanctions Implementa­tions (OFSI), the body that enforces financial sanctions on a civil basis, published only one notice relating to financial sanctions enforcemen­t in 2023. HMRC – which enforces trade sanctions and export controls – published only two notices relating to civil penalties under the UK Russian sanctions regulation­s. Investigat­ions into these matters can be lengthy and complex, and they take time to come to fruition, but we are aware OFSI and HMRC are actively investigat­ing Russian sanctions breaches and also related export control breaches.

By May 2023, OFSI had received 127 voluntary disclosure­s of non-compliance with UK Russian sanctions and HMRC has seen the number of voluntary disclosure­s it receives double in the last two years and I anticipate we will see a considerab­ly higher number of enforcemen­t cases in 2024 as the OFSI and HMRC cases come to fruition. The creation of a new Office of Trade Sanctions Implementa­tion last month will also drive a renewed focus on breaches of trade sanctions.

 ?? PICTURE: AFP VIA GETTY IMAGES ?? Russian president Vladimir Putin and Iran’s president Ebrahim Raisi in Tehran last year
PICTURE: AFP VIA GETTY IMAGES Russian president Vladimir Putin and Iran’s president Ebrahim Raisi in Tehran last year
 ?? ??

Newspapers in English

Newspapers from United Kingdom