On 9 September, the EU announced a consultation exercise over a possible amendment to the EU Regulation adopted in 1996 and known as the “blocking statute”.  The aim of the ‘blocking statute’ is to protect EU individuals and companies from having to comply with the extra-territorial application of third-country laws and measures.  The Commission has proposed a review the blocking statute in order to include additional deterrence mechanisms and streamline the application of the Regulation, including by reducing compliance costs for EU persons and businesses.  The consultation closed on 4 November, and the EU has not released a report on responses it has received.

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13129-Unlawful-extra-territorial-sanctions-a-stronger-EU-response-amendment-of-the-Blocking-Statute-/public-consultation_en

https://www.europeansanctions.com/wp-content/uploads/2021/12/EU-Commission-Blocking-Regulation-public-consultation-summary-report.pdf

On 22 December, an article from Akin Gump Strauss Hauer & Feld LLP was concerned with a Court of Justice of the European Union (CJEU) judgment clarifying the impact of the Blocking Regulation on the termination of contracts by EU persons who intend to comply with US sanctions.  As a result, EU persons can be found in breach of the EU Regulation even if they voluntarily comply with US sanctions and are not subject to any direct orders or enforcement proceedings by US authorities.  The case involved Telekom Deutschland which terminated its contract with Bank Melli of Iran.

https://www.jdsupra.com/legalnews/extraterritorial-u-s-sanctions-and-eu-7536261/

On 22 December, OFAC announced the publication of 3 new General Licenses, a Factsheet and 6 new FAQ (plus 3 amended FAQ).  These moves are designed to facilitate the continued flow of humanitarian assistance and other support for the Afghan people. 

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20211222

https://home.treasury.gov/system/files/126/afg_factsheet_20211222_nu.pdf

https://home.treasury.gov/news/press-releases/jy0545

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On 22 December, OFAC designated 3 individuals located in Brazil – a Syria, Egyptian and Lebanese – as members of a Brazil-based network of al-Qaida-affiliated individuals and their companies for providing support to the terrorist group.  It also designated 2 Brazilian entities linked to these men.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20211222

https://home.treasury.gov/news/press-releases/jy0546

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On 22 December, the EU Sanctions blog reported that Nautikacentar had been designated under the Global Magnitsky sanctions because it was said to be owned or controlled by Zharko Jovan Veselinovic, a senior member of the Zvonko Veselinovic Organised Crime Group, who was also listed on 8 December.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20211220

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On 22 December, a Notice from HM Treasury advised that following the UN decision to remove Sanaullah GHAFARI from its sanctions lists, the UK was following suit, as has the Isle of Man.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1043343/Notice_ISIL__Da_esh__and_Al-Qaida_221221.pdf

https://www.gov.im/news/2021/dec/22/financial-sanctions-isil-daesh-and-al-qaida/

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On 20 December, a research article published by Cambridge University Press says that there is growing concern that anti-corruption awareness-raising efforts may be backfiring; instead of encouraging citizens to resist corruption, they may be nudging them to “go with the corrupt grain”.  The article, for the American Political Science Review, finds that exposure to anti-corruption messages largely fails to discourage the decision to bribe, and in some cases it makes individuals more willing to pay a bribe.  Importantly, it also finds that the effect of anti-corruption messaging is conditioned by an individual’s pre-existing perceptions regarding the prevalence of corruption. 

https://www.cambridge.org/core/journals/american-political-science-review/article/curse-of-good-intentions-why-anticorruption-messaging-can-encourage-bribery/CE180F511D68B5A4D14904ACFA3728F4

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On 21 December, the UN advised that SANAULLAH GHAFARI, leader of ISIL-K and described as an information technology expert, had been added to the sanctions list under the relevant UN Security Council Resolutions.

https://www.un.org/press/en/2021/sc14748.doc.htm

 

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On 21 December, the UN advised that ALI DARASSA, founder and leader of the Unité pour la Paix en Centrafrique (UPC), has been added to the sanctions list under UN SCR 2127.

https://www.un.org/press/en/2021/sc14749.doc.htm

 

 

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On 22 December, the Miami Herald reported claims that the chemical agent was bought from a South Florida tactical weapons company at grossly inflated prices and that bribes sealed the deal.  On trial is Arturo Carlos Murillo Prijic, 57, the former Bolivian minister of government, and another 4 defendants named as co-conspirators already pleaded guilty.

https://www.miamiherald.com/news/local/article256737237.html

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