The Control Test in the UK’s Sanctions Framework: Recent Developments
November 28, 2023
November 28, 2023
A key feature of the UK’s financial sanctions framework is that not only designated persons (listed on the UK’s Consolidated List) are subject to sanctions, but also entities that are ‘owned or controlled’ by designated persons, even if not themselves listed.
This alert memorandum discusses recent developments relating to the ‘control’ test and its application, including the Court of Appeal judgment in Mints & Ors v PJSC National Bank Trust & Anor (“Mints”, considered in detail in our firm’s dedicated alert memorandum, accessible here), the recent High Court judgment in Litasco SA v Der Mond Oil and Gas Africa SA & Anor (“Litasco”), and the “Ownership and Control: Public Officials and Control guidance” (the “Control Guidance”) issued jointly by HM Treasury’s Office of Financial Sanctions Implementation (“OFSI”) and the Foreign, Commonwealth and Development Office (the “FCDO”).
Key takeaways are:
Please click here to read the full alert memorandum.
This alert memorandum was republished in the March 2024 issue of Thomson Reuters’ PLC Magazine.