State immunity: English court considers service of proceedings on a State in times of political unrest, and questions relating to enforcement of a foreign judgment against a State

In the recent decision of Certain Underwriters At Lloyds London v Syrian Arab Republic & Ors [2018] EWHC 385 (Comms) the English Commercial Court (the Court) considered the difficulties which may be encountered in trying to serve on a State. The Court also considered whether a state had submitted to the jurisdiction of a foreign court for the purposes of recognition and enforcement of the foreign judgment under the Civil Jurisdiction and Judgments Act 1982 (the CJJA).

This decision demonstrates the Court’s willingness to take a pragmatic approach when dealing with service of documents on a foreign State in situations where service through standard diplomatic channels may be difficult or inappropriate in the prevailing political climate. The decision also provides useful guidance regarding the requirements to be satisfied should a party wish to enforce a foreign judgment against a State in the English courts.

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EU sanctions update: EU extends sanctions against Syria and amends sanctions against Libya and Somalia; further developments relating to Ukraine/Russia

Herbert Smith Freehills has published the latest edition of its Sanctions Update e-bulletin on recent developments in various international sanctions regimes. At EU level these are relatively limited:

  • The EU has announced additional sanctions in respect of the situation in Syria, extending the designated persons list and announcing an imminent restriction on the export of jet fuel to Syria;
  • Minor amendments have also been made to the EU sanctions against Libya and Somalia; and
  • The EU has published two new sets of conclusions on the situation in Ukraine, but these do not discuss possible changes to the sanctions regime.

In the UK, a new Overseas Territories Order extends the current EU sanctions relating to Russia/Ukraine to the British Overseas Territories including the Cayman and British Virgin Islands. Updated guidance on the Russia trade sanctions has been issued by the Export Control Organisation.

To read the full briefing, please click here.

For further information, please contact Rod Fletcher, Partner, Susannah Cogman, Partner, Daniel Hudson, Partner, Elizabeth Head, Associate, or your usual Herbert Smith Freehills contact.

Rod Fletcher
Rod Fletcher
Partner
+44 20 7466 2411
Susannah Cogman
Susannah Cogman
Partner
+44 20 7466 2580
Daniel Hudson
Daniel Hudson
Partner
+44 20 7466 2470
Elizabeth Head
Elizabeth Head
Associate
+44 20 7466 7555

Sanctions Update: EU and US introduce further sanctions in response to the situation in Ukraine; EU amends sanctions against Libya, Central African Republic and Syria

Herbert Smith Freehills has published its latest Sanctions Update e-bulletin, on the latest developments in sanctions regimes in Ukraine, Libya, Central African Republic and Syria.

Both the EU and US have introduced limited additional sanctions in light of the current situation in Ukraine, and Australia has announced its list of Ukraine-related designated persons.  The EU has also announced amendments to its sanctions against Libya, the Central African Republic and Syria.  Of these developments, the most significant is a ban on the import into the EU of goods from Crimea and Sevastopol, and any associated financing or re/insurance by EU persons.

For further information, please contact Susannah Cogman, Partner, Elizabeth Head, Associate, or your usual Herbert Smith Freehills contact.

Susannah Cogman
Susannah Cogman
Partner
+44 20 7466 2580
Elizabeth Head
Elizabeth Head
Associate
+44 20 7466 7555

Recent sanctions developments: EU relaxes certain Syrian sanctions and amends measures relating to North Korea, Iran and Tunisia; US relaxes Myanmar sanctions

The EU has recently published a new Regulation (Regulation 697/2013 of 22 July 2013 (“Regulation 697/2013”)) which amends Regulation 36/2012, the key piece of legislation setting out the EU’s sanctions against Syria. In our August Sanctions Update we analyse the new provisions and provide an update on other recent changes to EU and US sanctions.

In summary, the briefing covers the following developments:

Syria

Member States can authorise certain prohibited transactions, including the import or purchase of Syrian oil, if the activity in question is for the purpose of providing assistance to the Syrian civilian population.

EU financial institutions can be licensed to enter into certain transactions (such as the opening of new bank accounts) with Syrian banks, again, provided the relevant authorities are satisfied that the activity in question is for the purpose of providing assistance to the Syrian civilian population.

Various amendments have been made to the restrictions on the provision of military and dual-use goods, including allowing Member States discretion as to whether they prohibit the supply of certain goods (or impose a prior authorisation requirement) and the introduction of an exemption for certain restricted items where they are supplied as consumer goods.

North Korea

EU financial institutions are subject to additional restrictions on their relationships with their counterparts in North Korea, including a restriction on establishing and maintaining correspondent banking relationships with North Korean banks.

An additional category of persons and entities can now be designated by the EU as subject to the asset freeze. The new list will include individuals or entities acting on behalf of designated persons or assisting in the violation of sanctions (although there are currently no entries on the list).

The trade sanctions relating to North Korea have also been amended so as to include, inter alia, additional prohibited items and to impose restrictions on the servicing of North Korean vessels carrying prohibited items.

Iran

An Iranian company has successfully challenged its designation by the EU and been removed from the scope of the asset freeze.

Tunisia

The identifying information relating to certain designated persons has been updated following the prior annulment of their designation by the EU General Court.

Myanmar

President Obama has issued an Executive Order which repeals the previous Executive Order 13310 that implemented a broad ban, pursuant to the Burmese Freedom and Democracy Act, on the import of products from Myanmar to the US. Restrictions on the import of certain products (notably jadeite and rubies) remain in place, as do other measures including an SDN/asset freeze regime.

For further information, please contact Rod Fletcher, Partner, Susannah Cogman, Partner, Daniel Hudson, Partner, or your usual Herbert Smith Freehills contact.

Rod Fletcher
Rod Fletcher
Partner
+44 20 7466 2411
Susannah Cogman
Susannah Cogman
Partner
+44 20 7466 2580
Daniel Hudson
Daniel Hudson
Partner
+44 20 7466 2470

Syrian sanctions regime

Following the recent unrest in Syria, the EU has this week imposed new sanctions on the Syrian regime, including an arms embargo, the freezing of funds and economic resources, and a travel ban on certain persons said to be responsible for the repression of the civilian population of Syria. The UK has enacted legislation criminalising aspects of the new sanctions. This briefing provides a brief overview of the new sanctions regime. Continue reading