Russia extends Turkey sanctions
Russia imposed sanctions on Turkey,
in the form of a decree “on measures to ensure Russia’s national
security and protect nationals of the Russian Federation from criminal
and other illegal actions and to use special economic measures against
the Turkish Republic.” By that decree, Russia banned or restricted
imports of certain Turkish goods, including fruit and vegetables,
suspended its visa-free travel agreement with Turkey and banned charter
flights between Russia and Turkey.
President Putin today signed an order
extending those sanctions, by bringing into force some of the sanctions
imposed on November 28 that had not yet been implemented. The new order
also bans a number of Turkish organisations or limits their activities
in Russia.
EU delists prominent Syrian businessman
Last week, the EU de-listed Samir Hamsho and his companies Al Buroj
Trading and Syria Steel/Hmisho Steel from its sanctions measures on
Syria. Samir Hamsho was listed for being a prominent Syrian businessman
benefitting from and supporting the Syrian regime, for having been
appointed to the Homs Chamber of Commerce by the Minister of Industry in
2014, and for owning the designated companies named above.
EU Parliament resolution calls for Maldives sanctions
The European Parliament has passed a resolution
calling for the EU to impose asset freezes and travel bans on members
of the Maldivian government and their leading supporters in the
Maldivian business community. The resolution expresses “deep concern
about the gradual deterioration of the democratic standards and
increasingly authoritarian tendencies in the Maldives”, and calls for
“the Maldives government to release, immediately and unconditionally,
former President Mohamed Nasheed, former Vice-President Ahmed Adeeb, and
former defence ministers Tholhath Ibrahim and Mohamed Nazim, together
with Sheikh Imran Abdulla and other political prisoners”.
The European Parliament adopted a resolution calling for the release of
former President Nasheed in April, and in October the UN Working Group
on Arbitrary Detention ruled that Nasheed’s detention was unlawful and
called for his immediate release. The Maldivian parliament has passed
legislation making it a treasonable offence to call for the imposition
of sanctions and associated penalties against the Government of the
Maldives and its members.
US adds targets to its Russia sanctions
The US has sanctioned 34 new people and entities under its
Ukraine-related Russia sanctions regimes. Of the 34, 14 are said to be
linked to those that have engaged in serious and sustained evasion of
sanctions or are owned by a designated entity, 6 are alleged separatists
who have threatened the security or stability of Ukraine, 2 are former
Ukrainian government officials said to have been complicit in the
misappropriation of public assets or to have threatened the security of
stability of Ukraine, and 12 are entities that operate in the contested
Crimea region of Ukraine. The US also identified a number of
subsidiaries that are owned by listed entities VTB Bank, Sberbank, and
Rostec.
In the US Treasury’s press release Acting Director of OFAC John Smith stated that “It is critical that
Russia takes the steps necessary to comply with its obligations under
the Minsk Agreements and to ensure a peaceful settlement of the conflict
in Ukraine”, adding that the US is “closely matching its designations
with those of our international partners”. The press release notes the
US’ “sustained commitment to a policy of non-recognition with respect to
Russia’s purported annexation of Crimea, and our intent to maintain
Crimea-related sanctions until Russia ends its occupation of the
peninsula”. This reflects the position taken by the EU; several of the
people and entities newly designated by the US have previously been
listed by the EU. The EU renewed its own sectoral sanctions on Russia on
Tuesday.
HM Treasury has published a note providing guidance to NGOs on operating within sanctions legislation. The guidance states that:
- 1. The purpose of terrorist asset freezing regimes is to prevent funds from being used or diverted for terrorist purposes. The purpose of other international sanctions regimes is “to influence the behaviour of the targets of the sanctions by increasing the cost of doing business, denying them access to resources needed for the unwelcome behaviour, and to send a broader political message condemning the target’s behaviour. In Syria, the aims of sanctions are to downgrade Assad’s ability to wage war on his people and pressure the regime into reassessing its position and reengaging in negotiations with the moderate opposition”.
- The purpose of the licenses from HM Treasury are to “mitigate the impact of an asset freeze on certain aspects of a designated person’s life, whilst still ensuring that funds cannot be diverted for terrorist purposes or to support activities such as human rights violations and nuclear proliferation”. HMT say that it would be “unusual” for licences to be granted to cover payments made overseas; they “usually cover payments within the UK, where terrorist financing risks can be more easily managed”.
- NGOs must consider whether their activities are prohibited if they interact with designated people. “For example, simply meeting with a designated person, or providing them with a meal or a drink is unlikely to fall within the prohibitions whereas paying funds to the designated person or repaying a debt on their behalf are among the prohibitions that would apply”. Legislation does not prevent NGOs from operating overseas, including in areas where terrorist groups operate, but that it is the responsibility of NGOs and other organisations to “take reasonable steps to reduce the risk of non-compliance”.
- The Government “acknowledges the negative impact” of bank account closures / restricted banking services on NGOs, but says that “neither the government nor regulators can compel banks or other financial institutions to offer an account to a particular customer. Decisions taken by bank are private and taken in accordance with their risk appetite and compliance with legal and regulatory requirements”. Individuals should “engage proactively with their bank at the earliest possible stage and provide information about their desired transactions, including how the ultimate use of the funds will be monitored. It may also be helpful for NGOs to demonstrate their existing due diligence processes”.
- The risk of prosecution for terrorist offences for involvement in humanitarian work is low.
The guidance also has sections on
proscribed organisations under the Terrorism Act, ransom payments, and
BIS export control licences.
