header-logo header-logo

20 February 2019
Issue: 7829 / Categories: Legal News , Brexit
printer mail-detail

Brexit impact on sanctions

‘Significant divergence’ on the horizon

The impact of Brexit on UK sanctions laws could be ‘far-reaching’ and lead to more red tape for businesses in the future, a leading trade lawyer has warned.

Hogan Lovells partner Aline Doussin, who heads the firm’s UK trade team, said this week that the UK government, post-Brexit, will be able to adopt sanctions ‘separately and independently’ from what the EU does.

‘Going forward, one cannot exclude a significant divergence in the future of UK sanctions from what the EU will do on its own,’ she said in an article posted on Hogan Lovells’ website.

‘This could lead to additional compliance burdens for businesses and financial institutions, which will have to deal with multiple and increasingly complex sanctions regimes.’

In the past few weeks, secondary legislation has been put before Parliament to replace references in sanctions laws to member states and the EU with references to the UK, and to replace references to the competent authorities with references to the UK Treasury. This means existing aspects of the financial sanctions regimes against countries such as Afghanistan, Burma, Iran and Venezuela will continue.

Consequently, Doussin said, ‘we do not expect any gaps in implementing existing sanctions regimes’. Post-Brexit, the UK will be required by international law to implement UN sanctions in UK domestic law and will carry over all EU sanctions at the time of departure.

After that, however, the UK will ‘have the powers to adopt other sanctions under the Sanctions Act, separately and independently from what the EU does,’ Doussin said.

‘In this, the impact of Brexit on UK sanctions laws is far-reaching.’

Prime Minister Theresa May flew to Brussels this week for further talks with the European Commission and heads of EU member states, hoping to secure concessions over the backstop. However, EU leaders continue to emphasise that they will not renegotiate the withdrawal agreement.

Issue: 7829 / Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll