Sanctions

Sanctions is a general term used for a defined set of actions including permissions or restrictions, taken by countries on a global basis, to which other countries or persons are subject. There are various types of international sanctions as follows:

  • Diplomatic: Reduction or removal of cooperation between countries.
  • Military
  • Economic: Limitations or tariffs imposed on trade with exceptions such as food and medicine.
  • Environmental: International efforts to protect the environment.

Sanctions lists include those natural persons or legal persons who may be subject to financial sanctions such as the freezing of assets or certain restrictive measures. The provision of such lists allows for the implementation of any measures to which those on the list may be subject.


Procedures

Countries should have publicly known procedures to de-list and unfreeze the funds or other assets of persons and entities which do not, or no longer, meet the criteria for designation. These should include:

(a) procedures to submit de-listing requests to the relevant UN sanctions Committee in the case of persons and entities designated pursuant to the UN Sanctions Regimes , in the view of the country, do not or no longer meet the criteria for designation. Such procedures and criteria should be in accordance with procedures adopted by the 1267/1989 Committee or the 1988 Committee, as appropriate;

The United Nations Act 1946 (UK) read with section 47(1)(a) of the Gibraltar Constitution Order 2006 enables Gibraltar to rely on UK law for present purposes.

In this regard, please see link to and selected extracts for relevant procedures, as follows:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/513838/OFSI_Financial_Sanctions_-_Guidance_-_April_2016_Final.pdf

Challenging designations

Designated persons who have been subject to sanctions are able to challenge their listing and request their delisting. The financial sanctions will remain in place while the challenge or request is being considered.

For UN listings under the UN ISIL (Daesh) AQ regime:

A petition for delisting can be made to the UN Office of the Ombudsperson to the ISIL (Da'esh) and Al-Qaida Sanctions Committee. More information about the Office of the Ombudsperson can be found here:

https://www.un.org/sc/suborg/en/node/189

For all other UN listings:

A request should be sent to the UN focal point for delisting. More information about the focal point is available here:

http://ww.un.org/sc/committees/dfp.shtml

Alternatively, a UK resident or citizen you can also petition the UK to submit a delisting request to the UN. This can be done through the FCO Sanctions Section at:

Sanctions Section International Organisations Department Foreign and Commonwealth Office Room E.302

King Charles Street

London SW1A 2AH

Or via email to: sanctions@fco.gov.uk

For EU listings you should write in the first instance to the EU at relex-sanctions@ec.europa.eu

For UK listings, there are avenues of appeal and judicial review within the specific legislation under which the designation is made. The address for the service of legal correspondence on OFSI is:

The Treasury Solicitor

Government Legal Department

One Kemble Street

London WC2B 4TS

DX 123242 Kingsway

If a person has been de-listed, but their name still appears on the consolidated list, they should email OFSI at ofsi@hmtreasury.gsi.gov.uk with evidence of your de-listing.

If assets in the UK have been frozen mistakenly, for instance as a case of mistaken identity, the contact is ofsi@hmtreasury.gsi.gov.uk in the first instance.


For latest sanctions links please see below: