Overview
On March 4, 2022, HM Treasury’s Office of Financial Sanctions Implementation (OFSI) published an updated version of its Russia guidance and issued two new general licences permitting the wind down of positions with Sberbank and involving Bank Otkritie, Promsvyazbank, Bank Rossiya, Sovcombank, and VEB. The UK government also put forward a series of amendments to the Economic Crime (Transparency and Enforcement) Bill proponents say is needed to crack down on corrupt elites and ramp up pressure on President Putin’s regime.
OFSI Updates Russia Guidance
OFSI’s updated and reissued Russia guidance reflects the amendments made to The Russia (Sanctions) (EU Exit) Regulations 2019 (Russia Regulations) since February 28, 2022, addressing the new restrictions that that have been introduced in respect of transferable securities, money-market instruments, loans and credit arrangements, correspondent banking relationships and the provision of financial services for the purpose of foreign exchange reserve and asset management. The FAQ section of the guidance has not yet been updated to reflect the expanded scope of the Russia Regulations following the recent amendments.
New General Licences Issued
OFSI has issued two new general licences permitting persons subject to UK sanctions jurisdiction to wind down positions with a number of recently sanctioned Russian banks, as follows:
- INT/2022/1298776 – This general licence relates to the wind down of positions with Sberbank. Under the licence a person subject to UK financial sanctions jurisdiction may provide financial services to Sberbank or any entity owned or controlled by Sberbank (Sberbank Subsidiary) for the purpose of winding down that activity. The person, a relevant institution, Sberbank or a Sberbank Subsidiary also can carry out any activity reasonably necessary to effect this; and
- INT/2022/1295476 – This general licence concerns the wind down of positions involving Bank Otkritie, Promsvyazbank, Bank Rossiya, Sovcombank, and VEB (DPs). Under the licence a person – other than the DPs, Novikombank or any entity owned or controlled by any of the DPs (DP Subsidiary) – may wind down any transactions to which it is a party, involving the DPs, Novikombank or a DP Subsidiary, including the closing out of any positions. The person, a relevant institution, the DPs, Novikombank or a DP Subsidiary also can carry out any activity reasonably necessary to effect this.