How can Individuals be removed from EU sanctions list?
Are law firms allowed to represent clients?
While the European Union and Swiss Confederation have taken to implement EU economic sanctions, European and Swiss law firms are not prohibited to provide legal representation for sanctioned Russian individuals.
Lawyers are also allowed to provide legal services to Russian legal entities with respect to judicial, administrative or arbitral proceedings to maintain their access to justice.
How long does it take to remove EU sanctions?
The sanctions removal procedure can last as short as 4 months, the average duration is about one calendar year.
What is the procedure to remove EU sanctions against an individual?
The EU Council emphasizes that a transparent and effective delisting procedure is essential to the credibility and legitimacy of sanctions.
✓ Petition to removal to the General Secretariat of the EU Council
This is specifically where the criteria for listing are no longer met, i.e. where relevant subsequent changes of facts or the emergence of further evidence; prolongation of sanctions every 6 months may be stopped.
- Sanctions Measures are subject to judicial review in the courts of the member states
- Judicial review by the General Court of First Instance of the European Union in Luxembourg
The most successful grounds for challenges in court are incorrect factual claims. In a number of cases the decision to sanction a person was based on 4-10 Google links from questionable sources with internet machine translation. - Appeals are decided by the European Court of Justice in Luxembourg
What successful precedents exist?
There are already a considerable number of successful precedents of removing of individuals from the EU and the US sanctions list.
Read more here →
What is the procedure to remove Swiss sanctions against an individual?
Sanctioned persons, companies and organisations have the opportunity to assert their rights. They can submit an application to the Federal Department of Economic Affairs, Education and Research (WBF) to be removed from the sanctions list (known as a “delisting application procedure in Switzerland’’).
The WBF examines the application and issues an appealable ruling, which can be contested before the Federal Administrative Court and subsequently before the Federal Supreme Court.
The Swiss sanctions removal process would be the responsibility of the Federal Council. In this way, the rule of law is fully upheld.
This practice has been confirmed several times by the Federal Supreme Court and has proven itself in practice. WBF has so far received five such delisting requests in connection with the situation in Ukraine.
What are the benefits of a removal from the Swiss / EU sanctions list?
The mayor benefit is asset unfreezing after Swiss and EU sanctions removal. The former designated person can freely manage all his or her assets. Especially bank accounts will be deblocked. In addition, the assets of companies controlled by the former designated person are unfrozen and can be used to conduct business.
How can Individuals be removed from U.S. sanctions list?
U.S. lawyers may legally represent SDN clients in certain instances. The right to legal representation for sanctioned clients is enshrined in the U.S. Constitution. Therefore, the U.S. government cannot prevent you from exercising your right to an attorney.
However, U.S. lawyers may only engage in certain activities on behalf of a sanctioned person. In general, lawyers may represent any SDN client whose life, liberty, or property are at risk in the U.S., or for legal assistance in being removed from the SDN List, or for U.S. sanctions compliance and other related legal advice.
How long does it take to remove EU sanctions?
No two cases are alike, but typically the timeline for U.S. sanctions list removal requires up to one year before they can conclude that a person should be removed from the SDN List.
What is the procedure to be removed from the U.S. sanctions list?
STEP 1
- Submit a petition for administrative reconsideration to the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).
- OFAC is the agency within the Treasury that is responsible for the administration of U.S. economic sanctions. OFAC is also in charge of reviewing petitions for SDN List reconsideration and removal from this list.
- OFAC petition process typically starts with sending several questionnaires to an SDN to obtain greater information before making a decision.
If OFAC does not make a decision in a timely manner or denies the petition:
STEP 2
- Filing or threating with filing a lawsuit in U.S. Court to challenge their SDN designation and increase chances for a removal.
What are the benefits of a removal from the SDN list?
The mayor benefit of SDN list removal is that all assets of the former SDN are un-frozen and become free again. The former SDN can dispose of all his assets. Especially bank accounts will be deblocked.
In addition, the assets of companies controlled by the former designated person are unfrozen and can be used to conduct business.
