The EU General Court recently rejected a claim from former Ukrainian Minister of Revenues and Duties Oleksandr Klymenko looking for over $53,000 in reputational damages and over $2.1 million -- plus around $536 a month -- in damages stemming from his sanctions listing, according to an unofficial translation. Klymenko was listed under the EU's Ukraine misappropriation of state funds regime from 2015 to 2021.
The U.K. Commercial Court released a judgment in a case concerning vessels financed by the Russian transport ministry. The proceeding deals with a Cypriot charterer, Garvelor, which claimed specific performance of obligations it was owed under a bareboat charterparty by the vessel owners -- subsidiaries of sanctioned company GTLK. The subsidiaries provided for Gravelor to make payments for the vessels and for the title of the vessels to be transferred to them when the charterparty was terminated. However, sanctions made it illegal for Gravelor to pay the subsidiaries in U.S. dollars, which the charterparties required. The Commercial Court held that tendering payment in euros to a frozen account filled the contractual obligation to pay, granting an order to transfer the title of the vessels to Gravelor after considering the sanctions impact.
The U.K.'s Commercial Court in a Jan. 27 judgment let a proceeding involving PJSC National Bank Trust and PJSC Bank Otkritie Financial Corp. be taken to the Court of Appeal, finding it raises key questions of law concerning the impact of the U.K.'s Russia sanctions on ongoing litigation involving a designated party.
The EU General Court annulled the sanctions listing of the Kurdistan Workers' Party (PKK) on the EU's terrorism restrictions list, but it dismissed the PKK's challenge to its 2015-2017 and 2019 sanction designations. The General Court in 2018 annulled the PKK's 2014-2017 designations, noting the justification of the initial designation in 2002 was too old to determine if the group's involvement in terrorist activities at the time of that initial designation continued from 2014 to 2017.The European Court of Justice overturned its judgment in 2021, referring the case back to the General Court.
The Commercial Court of England and Wales is looking for information on insurance policy claims brought by aircraft lessors over the alleged loss of assets leased to Russian airlines since the invasion of Ukraine. While various cases have already been brought before the court, the judicial body seeks to understand the potential total number of actions that may be involved, what the issues might be in broad terms and whether any case management steps should be taken to answer these questions. Interested parties can contact the Commercial Court at comct.listing@justice.gov.uk by Dec. 16.
Swiss commodity trading and mining company Glencore agreed to pay the Democratic Republic of the Congo $180 million to settle "all present and future claims" of corruption running from 2007 to 2018, the company announced. The news comes after Glencore pleaded guilty in a New York district court to violating the Foreign Corrupt Practices Act in May (see 2205270044). In that case, Glencore International and Glencore agreed to pay over $1.1 billion to settle the investigations into bribery and commodity price manipulation.
A handful of law firms are being investigated by the U.K. National Crime Agency and Office of Financial Sanctions Implementation for allegedly breaching U.K. sanctions, OFSI Director Giles Thomson told the Solicitors Regulation Authority Compliance Officers conference, news site Legal Futures reported. Thomson said at the early November conference that a "very small minority" of firms are trying to aid designated individuals in skirting sanctions, while a "larger minority" were either negligent about sanctions compliance or have failed to put in place compliance measures needed to root out sanctioned individuals and entities. The U.K. in October banned British law firms from providing "transactional legal advisory services" to Russian individuals and entities.
The U.K.'s High Court of Justice in a Nov. 4 judgment adjourned a trial between VTB Commodities Trading and Petraco Oil over the delivery of oil cargo, according to a Nov. 8 post on the EU Sanctions blog. The U.K. sanctioned VTB in February, leading it to submit an application for a license to pay legal fees for the proceeding. The Office of Financial Sanctions Implementation failed to process the application eight months after submission, leading VTB to apply to adjourn the trial that was set for May, given that the company could not make the legal payments. In the meantime, OFSI issued a General License over the provision of legal services under the Russia sanctions regime. The High Court considered the license, then adjourned the trial. The court said the trial should be resolved "in part because of the time required to obtain OFSI licences," ordering VTB to apply to OFSI for a license to cover adverse costs liability in the proceeding and to cover other costs not covered by the General License.
The U.K. released a General License under its Russia and Belarus sanctions regimes pertaining to the provision of legal services, the Office of Financial Sanctions Implementation announced. The license allows for the payment of legal fees by designated individuals and entities to law firms and counsel. The license distinguishes between legal fees issued pre- and post-designation. OFSI imposed a cap of around $574,000, VAT included, on the amount that can be claimed for legal work carried out pre-designation, and an identical cap on overall fees for legal work started post-designation with reporting obligations proving all fees are reasonable.
The EU General Court in an Oct. 26 judgment annulled the sanctions listing of Dmitry Ovsyannikov under the Russia sanctions regime. The European Council said that given his former positions in the Russian government since 2017, Ovsyannikov undermined Ukraine's sovereignty. The General Court said the council could not justify this finding because Ovsyannikov resigned as Sevastopol governor in 2019 and stopped working as a deputy minister in 2020. The EU had to show that his links with the government since these dates justified his designation -- something the bloc failed to do, the court held. However, Ovsyannikov is still sanctioned following a European Council decision in September that was taken up after the hearing in this case.