Legal
UK Widens Ban On Legal Advice To Russian-Linked Business Deals
The UK's top foreign minister added, however, that the measures don't mean that Russian nationals living in the UK will be cut off from legal representation.
UK lawyers are banned from advising Russian firms in certain
business deals in a step that Whitehall hopes will further
tighten the screws on Vladimir Putin’s regime.
From 29 June, rules prevent UK lawyers from advising Russian
companies in certain business deals. This could include trade
deals between global corporations, or international money
lending. The measure adds to sanctions imposed in 2022
restricting Russian firms from accessing legal advice from UK
lawyers.
However, the government said that restrictions on legal services
don’t include legal representation for Russian nationals using UK
legal expertise. It was important to ensure that “access legal
support remains a core aspect of the rule of law across the
UK,” according to James Cleverly, UK foreign secretary.
The UK, along with the European Union, the US, Switzerland and a
host of other, mostly Western, nations have imposed
sanctions on Russian individuals and firms following Russia’s
invasion of Ukraine in February 2022. The move by Switzerland, a
famously neutral jurisdiction in the past, was
particularly notable. Cleverly said a total of £19 billion
($24.11 billion) worth of UK-Russia trade has been wholly or
partially sanctioned, based on 2021 trade flows.
Explaining how the new law works, Julie Norris, legal services
regulatory partner at Kingsley Napley,
said: "The ban relates to advice only and not legal
representation in court or arbitral proceedings. 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,” she said.
UK expertise
“The UK legal system underpins many international contracts and
businesses, and we will no longer allow Russia to benefit from
our knowledge and expertise. The Russian regime must be held to
account for its violation of international law, and these
sanctions are increasing the economic pressure to further isolate
the Russian Government from the rest of the world," Lord
Chancellor and Secretary of State for Justice, Alex Chalk, said
in a statement last week.
Kingsley Napley’s Norris added: “The regulations apply regardless
of whether or not the services are provided to a person or
company based in the UK.
"Law firms will urgently need to review their risk assessments
and sanctions screening for extant client matters to ensure
compliance from today 30 June 2023 or potentially face criminal
prosecution.
"Lawyers should be in no doubt that the regulations need to be
taken very seriously and whilst 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. The risk
of non-compliance is career ending in no uncertain terms,” Norris
added.