Regulatory

Blog

Regulatory

Contributors

Aki Corsoni-Husain
Aki Corsoni-Husain
  • Aki Corsoni-Husain

  • Partner
  • Cyprus
George Apostolou
George Apostolou
  • George Apostolou

  • Partner
  • Cyprus
Chiara Deceglie
Chiara Deceglie
  • Chiara Deceglie

  • Partner
  • Luxembourg
Massimiliano della Zonca
Massimiliano della Zonca
  • Massimiliano della Zonca

  • Senior Associate
  • Luxembourg
Philip Graham
Philip Graham
  • Philip Graham

  • Partner
  • British Virgin Islands
Ayana Hull
Ayana Hull
  • Ayana Hull

  • Counsel
  • British Virgin Islands
Katerina Katsiami
Katerina Katsiami
  • Katerina Katsiami

  • Associate
  • Cyprus
Petros Kiteos
Petros Kiteos
  • Petros Kiteos

  • Associate
  • Cyprus
Andrew Knight
Andrew Knight
  • Andrew Knight

  • Partner
  • Luxembourg
Joshua Mangeot
Joshua Mangeot
  • Joshua Mangeot

  • Counsel
  • British Virgin Islands
Mirza Manraj
Mirza Manraj
  • Mirza Manraj

  • Counsel
  • Hong Kong
Elina Mantrali
Mirza Manraj
  • Elina Mantrali

  • Associate
  • Cyprus
Vanessa Molloy
Vanessa Molloy
  • Vanessa Molloy

  • Partner
  • Luxembourg
Andrea Moundi Savvides
Andrea Moundi Savvides
  • Andrea Moundi Savvides

  • Consultant
  • Cyprus
Marina Stavrou
Marina Stavrou
  • Marina Stavrou

  • Associate
  • Cyprus
Matt Taber
Matt Taber
  • Matt Taber

  • Partner
  • Cayman Islands
Carolynn Vivian
Carolynn Vivian
  • Carolynn Vivian

  • Senior Associate
  • Cayman Islands

EU (finally) adopts sanctions on Belarus officials while the UK and UK Overseas Territories go further

On 2 October 2020, the EU Council announced restrictive measures against 40 Belarussian individuals identified as responsible for repression and intimidation against peaceful demonstrators and journalists in the wake of the country’s 2020 presidential election, as well as for misconduct of the electoral process. The measures are published in Council Implementing Decision (CFSP) 2020/1388 (CSFP 1388).

The decision to impose sanctions follows the European Council conclusions of 1 October 2020, in which EU leaders condemned the unacceptable violence by Belarusian authorities against peaceful protesters, as well as intimidation, arbitrary arrests and detentions following the presidential elections, the results of which the EU does not recognise.

The decision follows weeks of tense negotiations at member state level following the reported exercise by Cyprus of its veto, owing to the situation involving Turkey in the Eastern Mediterranean.  Interestingly the EU Council could not agree on sanctioning President Lukashenko and instead have focussed on high-level officials within the regime. The restrictive measures under CFSP 1388 include a travel ban and an asset freeze against the listed individuals. The travel ban impedes the listed people from entering or transiting through EU territories, while the asset freeze is used against the funds or economic resources of the listed persons. In addition, EU citizens and companies are forbidden from making funds available to those listed.

As a clear sign of the impact of Brexit taking root, the UK went one step further than the EU by sanctioning President Lukashenko under the new listing arrangements set up by the Sanctions and Anti-Money Laundering Act 2018 and the Global Human Rights Regulation 2020, the move was coordinated with a similar response from Canada. 

The UK Overseas Territories including the British Virgin Islands, the Cayman Islands, Bermuda and Anguilla are now subject to legislation mirroring the UK position following the passing of the Global Human Rights (Overseas Territories) Order 2020. 

European Council’s press release can be found here.

A copy of CFSP 1388 is here.

The updated UK Sanctions List (which also applies in the Overseas Territories) is here.