SHARE

October 19, 2022

UK and U.S. Announce 'Enhanced Partnership' on Economic Sanctions Implementation, Enforcement

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

The United Kingdom and United States announced in a joint statement on 17 October a new strategy to cooperate and collaborate further on economic sanctions implementation and enforcement.

The partnership will see the UK's Office of Financial Sanctions Implementation (OFSI) and the U.S. Office of Foreign Assets Control (OFAC):

  • further exchange best practices and strengthen working relationships;
  • pool their expertise;
  • think creatively about sanctions challenges;
  • align sanctions implementation; and
  • better support sanctions compliance through jointly issued products or guidance.

The statement solidifies the recent unprecedented levels of coordination between OFAC and OFSI this year, particularly in the wake of the Russian invasion of Ukraine. OFAC-OFSI already coordinate on priorities such as cyber threats and the misuse of virtual assets, improving information sharing, and minimizing unintended humanitarian and collateral consequences to sanctions implementation.

Leading sanctioning countries, including the U.S. and UK, have already been cooperating in relation to Russia-related sanctions regimes, but inconsistencies between overlapping sanctions regimes have created compliance challenges for companies and persons subject to the various regimes. OFSI and OFAC say they recognise that the growing scale of sanctions has increased the complexity of their implementation. Such complexity makes sanctions compliance more difficult. Greater OFAC-OFSI collaboration and cooperation will therefore be a welcome development, particularly for multinational companies who must navigate multiple and sometimes competing sanctions regimes.

For OFSI, which is younger than its U.S. counterpart, the new partnership may help alleviate resourcing issues. In the last year, in relation to Russia-related sanctions, as well as regularly engaging with stakeholders and issuing extensive guidance, OFAC has issued over 2000 responses to specific licence and interpretative guidance requests and over 50 General Licences. By contrast, no reference is made in the statement to the number of specific licence requests OFSI has handled, only that it has issued over 30 General Licences, is engaging with industry, and has updated its guidance. The OFAC-OFSI statement appears to acknowledge OFSI's challenges, noting OFSI's aim to move to "a larger and more proactive organisation" and that it intends to grow to over 100 staff members by the end of the financial year. Potentially significant in this regard is that, while OFAC has existed for over 50 years, OFSI, established in 2016, is a relatively new office. This close cooperation and coordination should assist OFSI's growth, bolstering its resources and enhancing its ability to handle complex sanctions implementation and enforcement.

The multilateral approach is expected to make the sanctions more impactful, minimise unintended consequences, render compliance complexities less burdensome, and further coordination, especially between OFSI and other sanctioning authorities. OFSI and OFAC anticipate that the partnership will bring significant benefits to both organisations and also encourage and allow for greater collaboration with other key allies. In addition, for international businesses navigating compliance with developing sanctions regimes, any clarity the partnership can bring on best practices will be welcome.

While the joint OFAC-OFSI statement does not articulate this explicitly, increased coordination on implementation should mean increased collaboration and sharing of information and resources for the investigation of alleged sanctions violations (including evasion or circumvention) and enforcement cases. OFAC and OFSI will likely continue to coordinate closely with EU authorities. Multinationals in particular should prepare for increased number and scale of sanctions enforcement matters (potentially multilateral) for years to come, as governmental resources continue to ramp up and scrutiny on potential sanctions evaders intensifies.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Greenberg Traurig

Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists

By Caterina Cappellari Greenberg Traurig May 26 , 2023

Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.

SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair

By Steven J. Wadyka Jr. Greenberg Traurig May 26 , 2023

On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.

Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

By Bernadette M. Rappold Greenberg Traurig May 26 , 2023

Sometimes the most monumental Supreme Court decisions spring from the most modest facts.

More From International Law

IRS Releases Proposed Regulations Addressing Repatriations of Intangible Property

By Brian H. Jenn McDermott Will & Emery May 22 , 2023

On May 2, 2023, the Internal Revenue Service (IRS) issued proposed regulations (REG-124064) under Section 367(d) that address repatriations of intangible property to the United States.

Immigration & Compliance FAQs on the Recently Signed Florida E-Verify Enrollment Mandate for Certain Employers

By Kate Kalmykov Greenberg Traurig May 22 , 2023

On May 10, 2023, Gov. Ron DeSantis signed Senate Bill (SB) 1718, which, among other things, mandates E-Verify enrollment and participation for a considerable number of employers across Florida.

Florida Passes Law Restricting Foreign Ownership of Real Estate

By Brian Donnelly McDermott Will & Emery May 16 , 2023

The Florida Legislature recently passed Senate Bill 264 (SB 264), which Governor Ron DeSantis signed into law on May 8, 2023.

Featured Stories
Closeclose
Search
Menu

Working...