The Sanctions in Disputes Forum 2024

Registration
09:00

Chairperson's Opening Remarks
09:30

Regulatory Perspective: Key Bodies on the Purpose, Co-Operation, and Future Development of Global Sanctions Regimes
9:45

• Senior OFSI Representative gives update about the current state of the UK Sanctions Regime
• Counterparts in OFAC share how they have interacted with sanctions as of late
• European Union representative gives their perspective on the issue
• The Differing Philosophies and Methodologies behind imposing and lifting sanctions between the US, UK, and EU

Navigating the Aftermath of the Mints -v- PJSC Court of Appeals Decision for Litigation and Arbitration
10:30

• Examining the precedent Mints -v- PJSC set for issuing Judgements in the UK even in cases when unenforceable
• Reviewing how exposure has shifted in the wake of the court implying that Russia is a command economy with direct control over all Russian businesses
• Evaluating the FCDO’s response
• Checking in with professionals for their attitudes towards this interpretation
• (OPTIONAL CONTINGENT ON MORE GUIDANCE ISSUED) Exploring the implications of the government’s clarification on Mints decision
• The potential impact on / implications of other sanctions measures for litigation and arbitration

Networking & Refreshment Break
11:15

Exploring Control and Ownership Standards: Do You Need an OFSI License?
11:35

• How to know if a client has a problematic relationship with a sanctioned person or party
• Evaluating whether or not your firm needs a license from OFSI to receive payment for a case
• Due diligence best practices
• The interplay between financial crime and sanctions due diligence – what one can learn from the other
• Understanding “de-risking” policies

Sanctions Breaches: Strategies for Resolving Issues Within the Framework of Sanctions Regimes
12:20

• Detection: Red flags and how to look for them, reporting obligations
• Prevention: Mitigating the risk of breach, meeting regulatory expectations
• Cure: Options in the event of a breach
• Reporting: Identifying applicable reporting obligations and incentives for voluntary reporting
• Investigatory powers and potential information offences
• Key considerations in regulatory, civil, and criminal enforcement proceedings

Networking & Lunch Break
13:05

The Extra-Territorial Nature of Sanctions: Perspectives on Navigating a Multiplicity of Regimes
14:05

• If a foreign court issues judgement entitling parties to compensation, how should that compensation be retrieved?
• The implications of a sanctions designation outside of its jurisdiction
• Comparing and contrasting extraterritorial jurisdiction
• Asset freezes, forfeiture, and confiscation
• The interplay between sanctions asset freezes and asset recovery mechanisms in the UK and abroad

Challenging Designations and Licensing Decisions
14:50

• Judicial and administrative designation challenges
• Implications of recent challenges: Synesis, Shvidler, and others
• Evidential burden
• License decision challenges between jurisdictions: US, EU, and UK
• Practical considerations in representing sanctioned parties

Networking & Refreshment Break
15:35

Understanding the Business and Professional Services Prohibitions
15:55

• The UK and EU legal services ban
• The UK and EU trust services ban
• Other prohibitions to business and professional services
• Reconciling sanctions compliance with competing legal and regulatory obligations
• How these bans are applying to UK qualified professionals outside the UK

Mitigating the Impacts of Sanctions on Private Law Obligations
16:40

• Under what circumstances can you terminate a contract?
• The issues trustees face when trying to uphold their obligations as a trustee while not violating sanctions law
• The strategies trustees are implementing to maintain their obligations while being as compliant with regulators as possible

Chairperson's Closing Remarks
17:25