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05 July 2023
Issue: 8032 / Categories: Legal News , Sanctions , Legal services , International
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Breach of new Russia sanctions ‘career-ending’ for lawyers

UK lawyers have been blocked from advising Russian companies in trade deals between global corporations, international money lending transactions and other business deals.

The Russia (Sanctions) (EU Exit) (Amendment) (No 3) Regulations 2023, in force from last week, may block legal professionals from advising international companies on lending decisions to Russian companies. According to the Ministry of Justice and the Foreign Office, Russia is highly dependent on Western countries for legal expertise, with the UK previously exporting £56m in legal services to Russian businesses every year.

Julie Norris, partner at Kingsley Napley, said: ‘The risk of non-compliance is career ending in no uncertain terms.

‘Lawyers are seen as enablers of sanctions evasion. Lawyers should be in no doubt that the regulations need to be taken very seriously and while there has been little enforcement action seen to date, this is likely to change now the regime is implemented, allowing the focus to shift to enforcement.’

Norris said prohibited activities include the granting of a loan and trust services, and noted that the ban related to advice and not to legal representation in court or arbitral proceedings. She said advice ‘includes interpretation of law, the preparation of legal documents and advising in relation to a commercial transaction, negotiation or any other dealing with a third party.

‘There are a limited number of exceptions, for example where the service is provided in relation to the discharge of or compliance with UK statutory or regulatory obligations and further where an obligation arises under a contract concluded before 30 June 2023.’

A defence is also available, where the lawyer can show they did not know and had no reasonable cause to suspect the activity was prohibited.

Lord Chancellor Alex Chalk said: ‘The UK legal system underpins many international contracts and businesses, and we will no longer allow Russia to benefit from our knowledge and expertise.’

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Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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