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15 March 2024
Issue: 8063 / Categories: Legal News , Procedure & practice , Sanctions , International , Banking
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NLJ this week: Sanctions, designated persons and establishing ‘control’

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What is the meaning of ‘control’ in the context of international sanctions? Who exercises it? How do we interpret it?

In this week’s NLJ, Vivien Davies, partner, Galiya Martirosova, associate, and Krysteen Ormond, solicitor, Fieldfisher Sanctions Group, explore a recent ruling on this pertinent issue and question whether enough guidance is available.

The case, Mints & Ors v PJSC National Bank Trust [2023], offered some clarity on the meaning of ‘control’. The authors note the ruling ‘implies that designated persons can exert control over a company without specific limits, impacting the application of sanctions. This is especially relevant in cases where designated persons may lack direct ownership but retain the ability to influence and control entities.’

The authors cover Mints, as well as subsequent guidance on ownership and control issued by the government.

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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