The U.K. High Court of Justice Administrative Court recently dismissed an application from Russian businessman Sergei Naumenko and companies Dalston Projects and Prism Maritime, legal owners of the Phi superyacht, seeking to regain control of the vessel. The British secretary of state for transport in March 2022 seized the yacht under its Russia sanctions regime.
The EU General Court last week affirmed a European Commission decision that allowed German securities depository bank Clearstream Banking to comply with U.S. sanctions on Iran. The case stemmed from a commission decision in 2020 that authorized Clearstream to withhold payment of dividends to German firm IFIC Holding, whose shares are indirectly held by the Iranian government. IFIC had asked the General Court to annul the decision.
A new law announced by the U.K. June 29 could prevent lawyers from providing legal services to Russian companies in "certain business deals -- thwarting the nation from benefitting economically from" British legal services, the Ministry of Justice said. The rules are meant to build on existing restrictions imposed on Russia covering the provision of legal services by also extending these restrictions "to facilitate certain commercial activity which benefits the country." The legislation could also block "legal professionals" from advising international companies on lending decisions to Russian companies, the ministry said.
The European Council appointed five new prosecutors to the European Public Prosecutor's Office following a "partial renewal" of the EPPO College, the council announced. Terms for the eight current prosecutors expire July 28. Six-year terms will begin July 29 for new appointees Nikolaos Paschalis, Andrea Venegoni, Anne Pantazi Lamprou, Gedgaudas Norkunas and Ursula Schmudermayer. Prosecutors are charged with investigating and charging crimes against the bloc's financial interests, including fraud, corruption and cross-border value-added tax fraud above 10 million euros. Three additional prosecutors will be named at a later date, the council said.
Canada's proposed "last sale" change to its customs valuation practice could present a host of problems for customs brokers, law firm Neville Peterson said in a blog post. If the regulatory change, which would require imports to be assessed duties according to the price of their "sale for export," is approved, brokers would have to examine resales to accurately file entries and would "no doubt be required to file many post-importation adjustments," the firm said.
The European Council dropped two names from its Democratic Republic of the Congo sanctions regime following a ruling from the EU General Court. The individuals, Kalev Mutondo and Emmanuel Ramazani Shadary, were originally listed for obstructing the 2018 elections in the Congo, the council said June 19. In March, the General Court ruled that the council failed to adequately link Shadary and Mutondo and the security situation in the Congo.
The European Council reappointed Mark Ilesic as a judge on the European Court of Justice. The judge's term will run until Oct. 6, 2027, and was set as part of the partial renewal of the court's composition in 2021. Ilesic has sat as a judge on the Court of Justice since 2004.
Germany charged four managers of spyware company FinFisher with intentionally violating dual-use export controls after they sold surveillance products, without licenses, to countries outside the EU. The managers of the FinFisher group of companies, which were some of the “world's leading” spyware firms before declaring insolvency last year, never “even applied for” export licenses from German authorities and tried to evade detection, Munich’s public prosecutor announced this week, according to an unofficial translation.
The European Council dropped Nizar Al-Assaad from the EU's Syria sanctions regime following an EU General Court decision that found the EU erred in deciding that he met sanctions criteria, the EU Sanctions Blog reported May 18. The court also held that the EU violated his "legitimate expectations, the principle of legal certainty, the principle of res judicata," reported the blog, which is authored by U.K. lawyer Maya Lester, who represented Al-Assaad in the matter.
The England and Wales Commercial Court rejected commercial bank UniCredit's claim it is not liable in civil proceedings, even where it otherwise would have been held liable, if it held a "reasonable belief" it was acting in compliance with sanctions regulations. The court said this defense did not apply to the bank, forcing UniCredit to pay its debt related to the lease of an aircraft to Russian companies. The court said that while UniCredit believed it was following the U.K.'s Russia sanctions regime by not paying Celestial Aviation Services, UniCredit's real motive was to delay payment to shield its cashflow rather than ensure sanctions compliance.