Challenging UK sanctions designations under SAMLA 2018

Produced in partnership with John Binns of BCL Solicitors LLP
Practice notes

Challenging UK sanctions designations under SAMLA 2018

Produced in partnership with John Binns of BCL Solicitors LLP

Practice notes
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This Practice Note explains how designations made under the UK domestic Sanctions regime under the Sanctions and Anti-Money laundering Act 2018 (SAMLA 2018) can be challenged. SAMLA 2018 was implemented to ensure the UK had a robust sanctions regime after the UK left the EU and enabled the UK to impose financial sanctions, immigration sanctions, trade sanctions, aircraft sanctions, shipping sanctions and other sanctions needed to comply with United Nations (UN) sanctions obligations. Those UK sanctions made under SAMLA 2018 which replaced EU or UN sanctions were brought into force fully at the end of the Implementation period (IP completion day). For further guidance, see Practice Note: Development of sanctions regime in the UK post Brexit—timeline.

For information on the UK domestic sanctions regime under SAMLA 2018, see Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force.

The impact of a sanctions designation

Sanctions designations can—indeed, are designed to—have significant adverse effects on those who are made subject to them (‘designated persons’). Specifically:

John Binns
John Binns

I have specialised in financial crime since 2006, having first qualified into a criminal legal aid firm and served a short sentence as a policy adviser to the criminal legal aid scheme. I have successfully defended in a number of major fraud trials, but nowadays specialise in helping corporate clients with the knottier issues involved in the Proceeds of Crime Act and related laws, as well as advising corporates and individuals in connection with criminal investigations and financial sanctions. I write and present a lot on these and related issues, and was an expert witness in the House of Lords on the impact of Brexit on criminal investigations. 

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Jurisdiction(s):
United Kingdom
Key definition:
Sanctions definition
What does Sanctions mean?

The court can impose sanctions on parties to civil litigation who fail to comply with relevant rules, practice directions and court orders. These sanctions include striking out a party's claim or defence. A party can apply for relief from sanctions under Rule 3.9 of the CPR.

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