Overview
On March 1, 2022, four new amendments to The Russia (Sanctions) (EU Exit) Regulations 2019 (Russia Regulations) were laid before parliament and came into immediate effect. The amendments revise the financial and investment restrictions provisions contained in Part 3, Chapter 2 and the trade sanctions provisions set out in Part 5. New restrictions also have been introduced banning Russian ships from UK ports under Part 6 and introducing restrictions on the provision of financial services for the purpose of foreign exchange reserve and asset management.
The Department for International Trade’s Export Control Joint Unit (ECJU) has suspended extant export control licences for dual-use items to Russia, including licences with Russia as a final destination, as well as the approval of new export licences for dual-use items to Russia. Russia also has been removed as a permitted destination from nine open general export licences, following Foreign Secretary Truss’s announcement on February 24, 2022 that the UK would introduce “punitive new restrictions on trade and export controls against Russia’s hi-tech and strategic industries.”
Further asset freezes and travel bans have been imposed on Russian and Belarusian individuals and entities. Finally, two new general licences have been issued relating to VTB Bank and its UK subsidiaries.
Financial and Investment Restrictions
The Russia (Sanctions) (EU Exit) (Amendment) (No.2) Regulations 2022 (Amendment No.2), introduce a number of new prohibitions.
Dealing with transferable securities and money-market instruments
The additions to the prohibitions on dealing with transferable securities and money-market instruments prohibit persons subject to UK sanctions jurisdictions from, directly or indirectly:
- Dealing with a transferable security or money-market instrument with a maturity exceeding 30 days that is issued on or after March 1, 2022 by an entity incorporated or constituted under the laws of the UK and owned by Sberbank, VTB Bank, Gazprombank, VEB, Rosselkhozbank, OPK Oboronprom, United Aircraft Corporation, Uralvagonzavod, Rosneft, Transneft, or Gazprom Neft, or an entity acting on behalf of, or at the direction of, such a person.
- Dealing with a transferable security or money-market instrument that is issued on or after March 1, 2022 by a person connected with Russia that is not –
- Sberbank, VTB Bank, Gazprombank, VEB, Rosselkhozbank, OPK Oboronprom, United Aircraft Corporation, Uralvagonzavod, Rosneft, Transneft, or Gazprom Neft;
- An entity that on March 1, 2022 is domiciled in a country other than Russia or is a branch or subsidiary of such an entity;
- An entity that is owned by any of the above; or
- An entity acting on behalf, or at the direction, of any such person.
- Dealing with a transferable security or money-market instrument that is issued on or after March 1, 2022 by, or on behalf of, the Government of Russia.
- Category 1 – a loan or credit with a maturity exceeding 30 days that is first made/granted at any time after December 31, 2020 to Sberbank, VTB Bank, Gazprombank, VEB, Rosselkhozbank, OPK Oboronprom, United Aircraft Corporation, Uralvagonzavod, Rosneft, Transneft, or Gazprom Neft, an entity incorporated or constituted under the law of a non-UK country and owned by such a person, or an entity acting on behalf of, or at the direction of, such a person.
- Category 2 – a loan or credit with a maturity exceeding 30 days first made or granted at any time after March 1, 2022 to an entity that is incorporated or constituted under the laws of the UK and owned by Sberbank, VTB Bank, Gazprombank, VEB, Rosselkhozbank, OPK Oboronprom, United Aircraft Corporation, Uralvagonzavod, Rosneft, Transneft, or Gazprom Neft.
- Category 3 – a loan or credit with a maturity exceeding 30 days first made or granted at any time on or after March 1, 2022 to an entity that is connected with Russia, owned by such a person, or acting on behalf, or at the direction of, any such person, and that is not a Category 1,2 or 4 loan or a loan made or granted to an entity that on March 1, 2022 is domiciled in a country other than Russia, is owned by such a person, or is acting on behalf, or at the direction of, any such person.
- Category 4 – a loan or credit first made or granted at any time on or after March 1, 2022 to the Government of Russia.
- Establishing or continuing correspondent banking relationships with UK designated persons as well as UK and non-UK credit or financial institutions that are owned or controlled, directly or indirectly, by UK designated persons.
- Processing a Sterling payment (including the clearing and settlement of such a payment) to, from or via a UK designated person or UK and non-UK credit or financial institutions that are owned or controlled, directly or indirectly, by a UK designated person.
- an individual who is, or an association of individuals who are, ordinarily resident in Russia;
- an individual who is, or an association of individuals who are, located in Russia;
- an entity that is incorporated or constituted under the laws of Russia; or
- a person, other than an individual, that is domiciled in Russia.
- Owned, controlled, chartered or operated by a UK designated person;
- Owned, controlled, chartered or operated by persons connected with Russia;
- Flying the flag of, or registered in, Russia; and
- That are specified.
- OGEL X;
- OGEL X from December 2019;
- OGEL chemicals;
- OGEL chemicals from December-2019:
- OGEL cryptographic development;
- OGEL cryptographic development from December 2019;
- OGEL export after exhibition (dual-use items);
- OGEL oil and gas exploration (dual-use items); and
- OGEL oil and gas exploration (dual-use items) from December 2019.
- Russian Direct Investment Fund, Russia’s sovereign wealth fund;
- JSC 558 Aircraft Repair Plant, a Belarusian defence company; and
- JSC Integral, a Belarusian defence company and state-owned enterprise.
- Kirill Alexandrovich Dmitriev, CEO of the Russian Direct Investment Fund;
- Andrei Burdyko, Deputy Minister of Defence for Logistics and Chief of Logistics of the Belarusian Armed Forces;
- Victor Vladimirovich Gulevich, Chief of the General Staff of the Armed Forces of Belarus and First Deputy Minister of Defence;
- Sergei Simonenko, Deputy Minister of Defence for Armament and Chief of Armament of the Belarusian Armed Forces; and
- Andrey Zhuk, Deputy Minister of Defence.
- INT/2022/1280876 – Allows VTB Capital and its UK subsidiaries to make payments, including for basic needs, reasonable fees or service charges arising from routine holding and maintenance of its frozen funds and economic resources, and reasonable professional fees for the provision of legal services; and
- INT/2022/1280976 – Allows relevant financial authorities to do anything with regard to VTB Capital and its UK subsidiaries related to prudential supervision, or protecting, maintaining or enhancing the financial stability of the UK.