Since Russia invaded Ukraine two years ago, the UK, US, EU and other jurisdictions have imposed a plethora of sanctions on Russia, including on business figures who are believed to have links with the Kremlin.

In the UK, a designated person can challenge their designation, first to the minister who made the designation and, if that fails, by applying to the High Court, through a process similar to a judicial review.

A sanctioned person can obtain legal representation, but getting a lawyer can be difficult. The system to enable sanctioned people to get a lawyer is slow and cumbersome and it can a long time for a licence allowing payment of legal fees to be granted by HM Treasury’s Office of Financial Sanctions Implementation (OFSI).

Michael O’Kane was quoted in The Times, commenting on how OFSI is too slow at processing other licence requests to enable individuals to conduct acts that would otherwise breach sanctions prohibitions.

Michael said: “This doesn’t just affect sanctioned people but those trying to cease commercial relations with sanctioned entities and persons, so undermining the objective of sanctions.”

Michael also raised concerns over the targeting of people who have divested themselves of Russian assets, resigned from posts, left Russia or criticised the war, and refusals to “de-list” them. “Out of over 2,000 people listed, four have been de-listed, with no reasons given, which means it’s impossible for anyone else to know how to conduct themselves,” he said.

Michael called on the new government to create a task force similar to that in the US, which would engage with representatives of sanctioned people on steps to take towards de-listing.

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