The England and Wales Commercial Court rejected commercial bank UniCredit's claim it is not liable in civil proceedings, even where it otherwise would have been held liable, if it held a "reasonable belief" it was acting in compliance with sanctions regulations. The court said this defense did not apply to the bank, forcing UniCredit to pay its debt related to the lease of an aircraft to Russian companies. The court said that while UniCredit believed it was following the U.K.'s Russia sanctions regime by not paying Celestial Aviation Services, UniCredit's real motive was to delay payment to shield its cashflow rather than ensure sanctions compliance.
The EU is proposing a “new tool” to combat sanctions circumvention by penalizing third countries that ship EU goods to Russia, European Commission President Ursula von der Leyen said this week. The measure, part of the EU’s most recent proposed sanctions package against Russia, could allow member states to impose export controls on those third countries.
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The EU is considering new sanctions on Chinese companies for supporting Russia’s military, the Financial Times reported May 7. The sanctions, which are expected to be discussed by EU member states this week, could target seven Chinese companies for selling equipment to Moscow that could be used in weapons, the report said. The list of companies reportedly includes two companies from mainland China, 3HC Semiconductors and King-Pai Technology, and five based in Hong Kong: Sinno Electronics, Sigma Technology, Asia Pacific Links, Tordan Industry and Alpha Trading Investments. Some of the companies are already subject to U.S. restrictions, including 3HC, which was added to the Commerce Department's Entity List in April for supplying Russia's military (see 2304120039). All EU member states would have to agree to the new measures before they take effect.
Although the U.S. continues to impose new sanctions and export controls against Russia, the Commerce Department’s $300 million penalty assigned to Seagate Technologies last month signals that the U.S. is increasingly prioritizing enforcement, particularly against China, law firms said this month. They also said the fine shows that Commerce is looking to strictly enforce its foreign direct product rule restrictions, even for violations of the rule that may not be obvious.
China denied media reports it's exporting drones to the Russian military to be used in Ukraine, the Ministry of Commerce said, according to an unofficial translation. The ministry said China has "strict controls" on drone exports, adding that while there is no international control on civilian drones, many Chinese drone-makers have self-imposed such restrictions. China will continue looking to strengthen its export controls on drones, the ministry said.
A potential Chinese military invasion of Taiwan could lead to an unprecedented level of new sanctions and export controls against Beijing, including U.S. financial sanctions against major Chinese companies and export prohibitions on anything related to the country’s military, trade lawyer David Wolber said. Banks in particular are concerned about the possibility of sweeping financial restrictions, Chloe Cina of Deutsche Bank said, adding that some are beginning to prepare for a worst-case sanctions scenario.
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An influx of delisting requests spurred by the rapid pace of sanctions against Russia could strain already limited resources at the Treasury Department, former officials and lawyers said, increasing fears that removal efforts will be overlooked even as law firms see an uptick in business.
The U.K. issued a General License under its Russia and Belarus sanctions regimes permitting sanctioned individuals and entities to pay legal fees to law firms and counsel. The license took effect on April 29 and permits these payments in relation to any matter, except defamation or malicious falsehood proceedings, until Oct. 28. The license distinguishes between legal services issued pre-listing and post-listing.