UK Law and Practice Contributed by: John Binns, BCL Solicitors LLP
possessions) is proportionate to the stated aims of the relevant sanctions regulations. 4.2 Remedies Delisting challenges are generally aimed at the simple removal from the list, although they can, in some cir - cumstances, result in an amendment to the listing or the substitution of new grounds. Court reviews may not result in an award of damages except in cases of bad faith. 4.3 Timing Ministers typically take six months to make a decision on a ministerial review. Taking into account the time taken to obtain relevant material from the FCDO and to prepare the application, that decision will typically follow a year or more after the DP’s designation. Court reviews are likely to take a year or more from applica - tion to judgment. 5. Trade and Export Restrictions 5.1 Services The sanctions regulations imposed by the UK in response to Russia’s actions in Ukraine remain unu - sual in banning (under the heading of trade sanctions) the provision (technically “export”, though the con - sumer may be present in the UK) of certain services to “persons connected with Russia” (PCWRs). For these purposes, a PCWR includes anyone resident in Rus - sia or any company incorporated or domiciled there. Professional and Business Services The services affected include: • accounting services; • advertising services; • architectural services; • auditing services; • business and management consulting services; • engineering services; • IT consultancy and design services; and
tate acts that breach the regulations or that (if over - seas) would do so if they took place in the UK. Trust Services The same regulations also ban (under the heading of financial sanctions) the provision of trust services to DPs and PCWRs. 5.2 Goods Sanctions regulations often impose restrictions on the export and/or import of goods, typically starting with goods that may be used for military purposes, but potentially expanding to include goods of importance to the target country’s economy. The most extensive set of restrictions in the UK by far has been imposed in response to Russia’s actions in Ukraine. The Sanctions and Anti-Money Laundering Act 2018 (SAMLA), at Section 44, states that a person is “not liable to any civil proceedings to which that person would, in the absence of this section, have been liable in respect of the act” where that person reasonably believes they are complying with regulations made under SAMLA. Celestial Aviation v UniCredit: The Primary Issue The above-mentioned regulations include the Russia (Sanctions) (EU Exit) Regulations 2019 (the “Russia regulations”), of which Regulation 28 (3) was the sub - ject of a judicial test of the extent of the protection offered by Section 44. 6. Civil Litigation and Arbitration 6.1 Force Majeure The Statutory Immunity Regulation 28 (3) says that “a person must not direct - ly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is… (c) directly or indirectly making restricted goods or restricted technology available (i) to a person connected with Russia, or (ii) for use in Russia”. In Celestial Aviation Services Ltd v UniCredit Bank GmbH , London Branch , the primary issue was wheth - er UniCredit was entitled to withhold payments under
• public relations services. Legal Advisory Services
A more specific prohibition exists for legal advisory services whose object or effect is to enable or facili -
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