UK sets out sanctions landscape in event of ‘no deal’ Brexit

The UK’s Foreign and Commonwealth Office (‘FCO’) has posted a notice on UK sanctions policy in the event of a ‘no deal’ over the terms of Britain’s exit from the EU (15 October). It contains reassurances that preparations for a ‘no deal’ scenario are being accelerated not because this is the anticipated outcome but to ‘ensure our plans are in place in the unlikely scenario that they need to be relied upon.’

The notice states that in the event of a ‘no deal’, the UK will carry over all EU sanctions, and implement sanctions regimes through the new Sanctions and Anti-Money Laundering Act 2018. The UK will aim to put in place all the relevant sanctions legislation before its departure from the EU on 29 March 2019. Any sanctions regimes left unaddressed will be covered by the terms of the EU (Withdrawal) Act 2018. After Brexit, the UK will have the power under the new Act to adopt additional sanctions, as well as implementing UN and existing EU sanctions.

The notice states that: ‘We expect that the UK’s sanctions regulations will include:

• the purposes of the sanctions regime (what the UK hopes will be achieved through imposing sanctions)
• the criteria to be met before sanctions can be imposed on a person or group
• details of sanctions, such as trade and financial sanctions
• details of exemptions that may apply, such as exemptions which allow people to trade with a certain country that would otherwise be prohibited by the regulations
• how we will enforce the sanctions measures
• other areas, such as circumstances in which information about sanctions may be shared.’

The UK’s notice can be found here:
https://www.gov.uk/government/publications/sanctions-policy-if-theres-no-brexit-deal