Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations
Considered in Grand Committee 3.45pm Moved by Lord Sharpe of Epsom
That the Grand Committee do consider the Russia (Sanctions) (EU
Exit) (Amendment) (No. 4) Regulations. Relevant document: 32nd
Report from the Secondary Legislation Scrutiny Committee Lord
Sharpe of Epsom (Con) My Lords, I shall speak to the following
three statutory instruments, copies of which were laid before
this...Request free trial
Russia (Sanctions) (EU
Exit) (Amendment) (No. 4) Regulations
Considered in Grand Committee
3.45pm
Moved by
That the Grand Committee do consider the Russia (Sanctions) (EU
Exit) (Amendment) (No. 4) Regulations.
Relevant document: 32nd Report from the Secondary Legislation
Scrutiny Committee
(Con)
My Lords, I shall speak to the following three statutory
instruments, copies of which were laid before this House on 1 and
8 March: first, the Russia (Sanctions) (EU Exit) (Amendment) (No.
4) Regulations 2022; secondly, the Russia (Sanctions) (EU Exit)
(Amendment) (No. 5) Regulations 2022; and. thirdly, the Russia
(Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022.
The instruments before us were laid under the powers provided by
the Sanctions and Anti-Money Laundering Act 2018, also known as
the sanctions Act, and came into effect under the “made
affirmative” procedure. As part of our wider package of sanctions
measures and designations, these new regulations ratchet up the
pressure to further isolate Russia, degrade its economy, and
starve out Putin’s war machine. We have worked tirelessly with
allies across the world in response to Putin’s abhorrent war.
Since Russia’s invasion began, the UK has delivered its largest
package of sanctions ever imposed.
With your Lordships’ permission, I will tackle each of the three
statutory instruments in turn. First, on the maritime statutory
instrument, on 1 March the UK was the first country to turn any
Russian vessels away from its ports. We introduced new
restrictions, barring all ships that are Russian owned, operated,
controlled, chartered, registered or flagged, and we did not stop
there. These measures provide new powers to direct Russian
vessels out of British ports and to detain Russian vessels
already in port. These powers offer an important tool for
targeting oligarchs and wealthy individuals closely associated
with the Putin regime. Finally, anyone connected with Russia can
no longer register a vessel and will have any existing
registrations terminated. This strips away the competitive
advantage provided by being a member of the UK Ship Register. We
are working closely with those in the port sector to support them
in upholding the regulations, and we have issued detailed
guidance to support those on the ground.
The second statutory instrument—the No. 5 regulations —relates to
the Russia central bank. Also on 1 March, we introduced new
restrictions that prohibit any individual or entity from
providing financial services, relating to foreign exchange
reserve and asset management, involving the Central Bank of
Russia, the Russian National Wealth Fund, and the Ministry of
Finance of the Russian Federation. This action, taken in close
co-ordination with the US and the EU, prevents the Russian
central bank from deploying its reserves in ways that undermine
the impact of sanctions imposed by us and our allies. It
undercuts the bank’s ability to make foreign exchange
transactions to support the Russian rouble. Alongside the
existing raft of financial sanctions, this really locks down the
most severe restrictions.
The third and final SI, concerning aviation, space and insurance
products, was laid on 8 March. We introduced a new suite of
aircraft sanctions and established new government powers to
detain Russian aircraft in the UK. We were the first country to
ban Russian aircraft from our airspace, on the 25 February. We
have now extended this ban, making it a criminal offence for any
Russian aircraft to fly or land here. The ban includes any
aircraft owned, operated or chartered by anyone connected with
Russia, and any individuals operating in UK airspace. The new
powers will also allow the Government to remove aircraft
belonging to designated Russian individuals from the UK aircraft
register. The statutory instrument builds on critical industry
trade prohibitions which came into force on 1 March. It will go
further by extending the above prohibitions to cover all aviation
and space goods, technology and related services, including the
provision of insurance and reinsurance services. With similar
action taken by our partners, these measures are designed to
severely constrain Russia’s commercial air operations and
logistics, with consequential impact on its economy.
Noble Lords will wish to be aware that the Government are
intending to make some corrections to this SI shortly.
Russia’s assault is reprehensible, unprovoked, premeditated and a
barbaric attack on Ukraine and on the very foundation of our
societies and the rules by which we coexist. As my right
honourable friend the Foreign Secretary has said previously, the
UK will continue, as promised, to impose further sanctions
against Putin and his regime if he does not change course. We
will ratchet up our sanctions until Putin ends this invasion of
choice, which represents a clear breach of international law and
the UN charter. The UK and our international partners stand
united in the face of Russian aggression. Putin has led the
Russian people into a quagmire and turned Russia into an
international pariah.
It does not stop at Governments. Indeed, we have seen all
organisations—from banks to oil companies and from football
leagues to singing competitions—make it clear that Putin and his
allies must be isolated from the international community for his
actions. The UK’s latest designations, announced on 14 March,
mean that the UK’s total number of designated persons, entities
and subsidiaries now stands above 1,000. Together with our
allies, we are making Putin and his allies pay the price. Our
unity demonstrates the strength of opposition against Russian
aggression.
We are unwavering in our support for the people of Ukraine. We
hold them in our hearts and minds at this terrible moment in
their nation’s history. As a free and democratic country, Ukraine
has the right to determine its own future, but it is clear that
the Russian Government were never serious about engaging in
diplomacy. They were only ever focused on their territorial
ambitions. The UK and the international community stand against
this naked aggression and for freedom, democracy and the
sovereignty of nations around the world. Our new and upcoming
sanctions regulations and measures will continue to show Putin
that his abhorrent war is a massive strategic mistake. I beg to
move.
(Con)
I am most grateful to my noble friend for setting out the
instruments before us, which I am delighted to say I support most
warmly.
There seems to be a general trend in each of the statutory
instruments that I have participated in, and that is that
corrections are being made. I understand the pressure and the
timeframe that my noble friend and the department are under. I
wonder whether he can set out to us what the corrections are that
he had in mind; I am sure they are only minor.
I do not want to detract at all from the scale of the sanctions
that my noble friend has set out today, but given that most of
the items that are the subject of the regulations before us, such
as Russian ships, may have already been moved out of our area and
that those who had finances in UK banks may have already moved
them, how confident is my noble friend that we are sufficiently
targeting sanctions to degrade the Russian economy in the way
that my noble friend has set out, which I entirely support?
Each set of regulations sets out that there could be unintended
consequences. In particular, paragraph 12.2 of the Explanatory
Memorandum to the Russia (Sanctions) (EU Exit) (Amendment) (No.
5) Regulations sets out:
“There could also be unintended consequences, such as a negative
impact on bilateral trade.”
I do not intend to criticise the Government at all for the
sanctions we have imposed. We realise that there will be a quid
pro quo, but I wonder to what extent my noble friend has had
discussions with European Union countries and a wider
international grouping, particularly as regards the assessment
they have made of the inflationary impact and the potential
shortage of food.
We have seen the cost of fertiliser, household fuel and diesel
rise. I admit that I run a diesel car, and I have been staggered.
I have seen the cost rise from £1.72 to £1.92 per litre, and I am
told it will go higher. Properties off the grid in this country
are dependent—as I am in the north of England—on oil-fired
heating. I did not realise that we are dependent on additives and
diesel from Russia. I wonder what other sources we might be
looking at in that regard.
I am mindful of the fact that, since we left the European Union,
we have been particularly dependent on Ukrainian workers, as we
were told by my noble friend in answer to a Question in the
House recently. Ukrainian workers make up 75% to 80% of those who
pick our local crops of fruit and vegetables. As we near the time
of year when that happens, we will have to look at how we can
work on the supply chains in this regard. Also, I know for a fact
that DFDS carries a lot of supplies between continental Europe
and the UK. It is a slightly separate issue, I know, but to what
extent might the supply chain be impacted by the fact that we now
have this little difficulty with P&O Ferries? I hope that it
can be resolved.
Although I welcome the sanctions, I am concerned about whether we
will be able to handle and deal with the impact of higher food
prices, which we are seeing in the shops. Those of us who live in
rural areas are seeing that impact on the cost of deliveries in
the cost of diesel, the cost of heating fuel and the other
measures that I referred to. However, I wish my noble friend the
Minister and the department every speed in hopefully bringing the
Russian invasion to a swift conclusion.
(LD)
My Lords, as always, it is a pleasure to follow the noble
Baroness on these issues. As is customary, she asked some really
practical questions in her contribution. I share them, living in
a rural area and having formerly represented a constituency that,
both for industry and for individual families, will operate under
a similar set of new circumstances with new costs. It is
inevitable that some of the consequences of this horrific
aggression by the Putin regime mean that we must diversify part
of our energy dependence in certain areas and that some of our
trade in certain areas may have to be changed. This is not just
in the UK; it is also with our wider trading partners, which I
will touch on in a moment.
I thank the Minister for introducing these regulations. I support
them. They address some of the issues that were raised in the
Chamber when the Statement was repeated and the Government
announced that sanctions would be forthcoming, particularly in
maritime, insurance, financial services and aviation. I will
touch on those briefly in a moment.
The Minister is absolutely right that the sanctions put in place
against the regime and the state apparatus should be as tough as
possible. I think that they can go further; I hope that we will
be able to debate some areas in the coming days and weeks, with
the Government taking the next step. It is welcome that more than
1,000 individuals have now been named but, regrettably, the
Government have been slower than some of our partners in
identifying individuals and putting in place the legislative
regime.
As the Minister said, the conflict is now entering an even more
horrific stage . As the Russian advance falters in many areas, it
is resorting to tactics seen in grim fashion in Chechnya and
Syria: systematically razing whole communities to the ground;
terrorising populations; directly and indirectly targeting
civilians; and knowingly targeting mothers and children. These
are war crimes that are being seen clearly daily. Therefore, part
of our sanctions regime must be complemented by further activity
to ensure that there is no impunity for these crimes. We are not
in the realm of prevention; we need to move over to the phase of
punishment.
On the other hand, the ongoing resilience and bravery of the
Ukrainian people, who are sacrificing their lives for the hopes
and aspirations of liberty and the freedom to choose their
partnerships and alliances—and, indeed, to join the European
Union—is literally awesome and inspiring, even in such grim
circumstances. We will have consensus in this Committee, but I
want to put on the record that I share others’ general revulsion
at the Prime Minister making a connection between the Brexit
debate in this country and this horrible war. I hope that the
Minister will distance himself from such remarks; I do not think
I would hear the Minister say that in the Chamber, but it was a
jarring moment.
4.00pm
There have also been press reports of Conservative Party
fundraising dinners where individuals who might bid for
distressed assets or be looking at opportunities from the sale of
property or other assets, such as football clubs, have raised
such matters in discussions with Cabinet Ministers. Can the
Minister state clearly on the record that at no stage has any
Minister flagged any prospect of sanctions that would allow some
people to profit? I hope that that is an easy thing for the
Minister to do.
Is the Minister able to share with the Committee what the current
estimate is of the overall economic impact on the Russian
economy? Clearly, we do not want to signal areas that would be to
the advantage of the Russian regime but, as the noble Baroness
indicated, we need to look at what are the most effective
measures that have significant economic impact. We are,
regrettably, in a state of hybrid war; the hybrid nature of it is
the economic impact on Russia. We are engaged in this and
therefore we need to look continuously at how effectively we are
working in party, and in co-operation, with our allies,
particularly the United States and Europe.
Can the Minister also comment on whether the Government are
prepared to consider a secondary set of sanctions on those who
are in Governments that, if not directly facilitating, are
enabling the Russian regime? It is troubling to see some of those
characters, whether in the Balkans—such as Milorad Dodik of
Republika Srpska—or in the wider region, seeking to take
advantage of this aggression for their own aims of destabilising
countries. Can the Minister indicate, as the noble Lord, Lord
Ahmad, indicated to me in response to previous Questions, that
the whole suite of these sanctions will be replicated for the
Belarusian regime? I hope that that is a straightforward thing
and that all these elements will also apply in future to the
state apparatus of Belarus.
Turning to the instruments themselves, on the maritime
regulations, the measures relating to the registration of ships,
which seek to avoid reflagging, are welcome. As we mentioned in
the Chamber, we saw some maritime assets seized by some of our
European partners and it took a while for the UK to act;
nevertheless, London is one of the global centres—if not the
global centre—for maritime and indemnity insurance and acting in
this area is of significance, so I welcome that.
On the financial measures, can the Minister explain some of the
thinking, which has been of concern to my party and others who
are in organisations that have sought to ensure that there are no
loopholes for enablers or for those who seek to take advantage?
Although the sanctions relating to the state banks and other
banks are welcome, I understand that the Office of Financial
Sanctions Implementation provided a broad licence for financial
institutions to wind down their positions with Russian banks over
a 30-day period but that has still not concluded. Part of the
concern was that, while the Government’s rhetoric was that they
were acting immediately to close down those who were carrying out
financial relations with Russian banks, the OFSI gave 30 days’
grace, which I think is not the signal that we wanted to see.
There is also reference by the OFSI to crypto assets. My noble
friend Lady Kramer has raised this repeatedly. I understand that
crypto assets will also be covered by these sanctions but, when
it comes to decentralised finance—the means by which those who
are trading or seeking to circumvent sanctions using
cryptocurrencies—can the Minister take back from my noble friend
the request for a meeting with Treasury Ministers to ensure that,
as we prepare for the second economic crime Bill, we have all the
legislative tools in this complex area of regulation to ensure
that we are ahead of the game rather than behind it?
Moving to aviation, again, this SI is welcome. On my return from
a visit to Africa at the end of last week, I had to be rerouted
via Doha. I was struck that, when catching my flight back to
London, I walked past a long queue next to the departure gate for
the Qatar Airways flight to London, going from Doha to Moscow.
Given that Qatar is a key partner of British Airways, it is still
very easy if you are an enabler to have a very comfortable
business-class route on British Airways through a partner airline
to Doha into Moscow. I wonder whether the effectiveness of our
sanctions regarding airspace could be enhanced by indicating what
connecting flights and partnerships for airlines would be
affected by this.
I have two final points. One touches on the point that the noble
Baroness indicated regarding workers; I noted that also. I ask
the Minister to take this back: an organisation has been in touch
via a colleague regarding the visa scheme for sponsoring. There
are 71 questions that need to be answered by those sponsoring a
child, including uploading documentation in English on that
child. If they are not able to do that, they have to go to a visa
centre. Can the Minister take back—he does not have to respond
today—or respond in writing that we need to ensure that this
scheme is as streamlined as it possibly can be to take advantage
of the generosity of the British people who wish to support those
fleeing?
My final point regards next steps and potentially moving forward.
In my travels recently, I have seen at close hand that it is not
just the Russian regime acting in this but also those it sponsors
in mercenary organisations, including the Wagner Group. Part of
that has previously been sanctioned—rightly so. I have seen for
myself that the Wagner Group is operating not just in this
conflict directly, where it is well known that it has been sent
to assassinate President Zelensky; it is also operating as a
destabilising force throughout the whole of north Africa and the
Sahel into sub-Saharan Africa and the region.
Can the Minister take back that I will start by looking at
proscription orders under terrorism legislation, rather than
simply sanctions legislation, for part of the state apparatus and
those groups that the Putin regime is using as proxies? We have
under proscription orders mechanisms in law that go beyond
sanctions regimes to prevent those who are facilitating the work
of some of these evil mercenaries and their activities. I hope
that the Government will consider that there are other tools
available under legislation; we should be in a position to
consider them.
With that said—I am grateful to the Minister for listening—we
support the regulations. We wish them to go further. I hope that,
if he is not able to respond directly to our questions today, he
will write to us to outline what the Government plan to do
next.
(Lab)
My Lords, one thing that I think we can be absolutely certain of
is that this Parliament and this country are fully united in
their condemnation of the actions of the Russian state,
particularly Putin and his acolytes. We fully support the
introduction of these regulations and the Government’s efforts to
hold Putin to account.
My main concern is whether the Government’s approach on sanctions
is sufficiently broad and deep, and whether we can be certain
that they are sustainable. It is a concern that we have shared
before in these debates. I note that the Minister has confirmed
over 1,000 designations, but it would be interesting to hear from
him how many individuals have been specifically targeted,
particularly when we know that London in the past has been a
refuge for so many oligarchs.
On that point, it is also concerning that the Government’s
approach seems to have left gaps that can be exploited for the
purposes of asset flight. As the noble Lord, Lord Purvis, said,
it should not really have taken 16 days to catch up with Europe
on sanctioning Members of the Russian Parliament, for example. It
has meant that oligarchs had, in effect, warnings to escape
London. For example, Abramovich was able to fly his jet out of
Stansted and sail his super-yacht to Montenegro. The BBC website
this afternoon made reference to ex-Arsenal shareholder Usmanov’s
£82 million London home and Surrey mansion, which were put into
trusts linked to him. A spokesman for him said that
“most of the billionaire’s UK property, as well as his yacht, had
already been ‘transferred into irrevocable trusts’. Those are
trusts which cannot usually be amended, modified, or revoked
after they’re created. When the assets were transferred, Mr
Usmanov no longer owned them, his spokesman said.”
Has the Minister seen those reports today? What is the
Government’s response to ensure that further flight of assets is
stopped? It shows that we should do more to co-ordinate with our
allies and partners to ensure that we are ready and prepared to
implement sanctions together, which I know is a theme that we
have repeatedly followed through with the noble Lord, Lord Ahmad.
It is making the measures effective that is really important.
We also need to confront economic crime and finally end the use
of London for laundering dirty money. Of course, the job is only
half done with the introduction of the economic crime Act that we
supported through this House and the other place. I know that
further legislation will come in the next Session, but we need
urgent reform of Companies House to crack down on the shell
companies hiding cash. Sanctioning oligarchs will be effective
only if we know where their wealth is hidden. There must also be
sufficient resourcing to implement and monitor sanctions,
including those that have been introduced today.
I hear what the noble Baroness, Lady McIntosh, is saying about
the errors. It struck me that, at the moment, the Office of
Financial Sanctions Implementation has the full-time equivalent
of only 37 employees. I hope that the Minister can tell us how we
are ramping up that resource to ensure that, when we make these
regulations and laws, they are properly implemented as soon as
possible.
On the regulations themselves, and on the No. 4 regulations
dealing with shipping sanctions, I hope that the Minister can
tell us what assessment the FCDO has made of the levels of
Russia-bound cargo ships at major Russian ports since the
invasion of Ukraine.
The No. 5 regulations deal with financial services, including
banks and wealth funds. On the related issue of financial
payments, I hope that the Minister can update us on the
effectiveness of the partial exclusion of the Central Bank of
Russia from SWIFT, and how that operation is working.
4.15pm
On the final set of regulations, which relate to aircraft
sanctions among other matters, I read earlier this month in the
Reuters report that China had been refusing to supply Russia with
aircraft parts as a consequence of some of the sanctions that had
been applied by the West. Can the Minister advise us whether that
is the case? What are the likely implications for the Russian
aviation industry?
As I said earlier, we fully support these measures and will do
everything to support the Government in their efforts to hold the
Putin regime to account. As the noble Lord, Lord Purvis, said,
the unwarranted, indiscriminate attacks and the horror that we
see daily in the news require the firmest response possible. I
hope that the Minister will return to the House with further
steps to ensure that the consequences of Putin’s actions far
outweigh any perceived benefits.
(Con)
My Lords, I am grateful to the two noble Lords and the noble
Baroness who spoke in this insightful and, if I may say so,
timely discussion. I will do my very best to address the
important questions that they asked. There were a lot of them; I
am sure noble Lords will forgive me if I have to read Hansard
carefully and come back to them on some of the specific
points.
I will try to deal with the points in order, if I may, so I will
start with the questions asked of me by my noble friend Lady
McIntosh. I talked about the errors, so she was quite right to
pick me up on them. All I can say at this precise moment is that,
as noble Lords will be aware, all the recent sanctions
legislation has involved policy and drafting work at significant
pace. The team here looks quite bright-eyed and bushy-tailed
relative to some of the officials I have seen involved in this
legislation. So there are some minor drafting errors, as far as I
know, but we are waiting for the JCSI to report; we will come
back when we have more information, if that is acceptable.
With specific regard to supply chains and so on, obviously the
Government have considered critical supply chains and continue to
monitor the impact closely. Of course, we understand that there
will be an impact; noble Lords were right to reference the
imported inflation that we will suffer. However, as the noble
Lord, Lord Collins, pointed out, we believe that the risk of not
taking action against Russia would be far greater. The overall
impact on the UK economy will be limited, and there is a package
of measures in place to support UK businesses. The Government
continue to monitor closely developments in the channels that may
have an impact on the UK economy. The precise impact will depend
on the size and persistence of any shocks to trade, the financial
markets, energy markets and so on, which are of course highly
uncertain. However, Russia is not among the UK’s critical trading
partners, although it is the largest trading partner that we have
ever sanctioned. So although some UK firms will be more exposed
to the disruption in Russian trade and in the financial markets,
these ties are not systemically important to the UK economy.
Russia’s role as a major oil and gas producer is, of course, the
most likely channel through which an escalation in Ukraine could
have an impact on the UK economy. None the less, we remain
confident in the security of our supply, although the price is
dependent on the world markets. I take very seriously the points
made by my noble friend and noble Lords about imported inflation
and its impact, particularly on rural fuel bills, but it would be
foolish of me to pre-empt anything that the Chancellor may have
to say on that subject in the not-too-distant future.
My noble friend Lady McIntosh asked about unintended consequences
and EU engagement. The Government seek to ensure that the
sanctions measures are carefully targeted to avoid unintended
consequences. Our sanctions are part of a concerted strike
against the Putin regime and discussions with all partners are
ongoing. This aligns with what others are doing; as I say, our
sanctions are strategically co-ordinated with those of our
allies, including the EU, the US, Australia, Canada and so on. We
will continue to go further.
I come to the questions from the noble Lord, Lord Purvis, who
raised a point about why we were a bit slow in certain areas—but
we were also faster in certain areas than the EU, in particular.
We imposed measures on aircraft and shipping before the EU moved.
I accept that these things are complex, but there are genuine
reasons for that. I hope that he will understand that it is not a
game of relative speed—it is not a game at all.
The noble Lord also asked me about the war crimes situation. I
can only repeat what I have heard my noble friend Lord Ahmad say.
He has spoken to the rapporteur—I think that is the right
description—on war crimes in The Hague about what is happening. I
have no further information, but I am sure that my noble friend
Lord Ahmad will come back to the House on that as soon as he
possibly can.
The noble Lord, Lord Purvis, made some excellent points about
hybrid warfare. We are engaged in a hybrid war, and of course it
is an article of Russian military doctrine to fight this sort of
thing. Hybrid warfare is not just about sanctions, of course. It
is also about a wide variety of other actions that destabilise,
and we should be very aware of those.
I come to the noble Lord’s specific questions about Belarus. Yes,
the sanctions will be replicated. I can update noble Lords a
little on what sanctions have been applied. On 1 March we
announced a first tranche of sanctions against Belarusian
individuals and organisations in response to the role the country
is playing in Russia’s invasion of Ukraine. Four senior defence
officials and two military enterprises have been sanctioned with
immediate effect under the UK sanctions regime. Individuals will
be unable to travel to the UK, and any UK-based assets will be
frozen. These designations are in addition to the wide-ranging
measures we have already imposed on Belarus under our Belarus
sanctions regime, which include sanctions on President Lukashenko
and 117 other individuals and entities, as well as trade,
financial and aviation sanctions. The Foreign Secretary has
committed to going further. As I have just said, our intention is
to extend recent Russia sanctions to Belarus in due course. I
cannot be more specific on time than that. The Lukashenko regime
will be made to feel the economic consequences of its support for
Putin.
On 9 March, the EU announced that three Belarusian banks—I will
not even attempt to pronounce them—will be removed from the
global SWIFT network; I will come back to SWIFT in a second. From
20 March, those three banks are no longer able to use SWIFT to
transact with banks domestically or in any country, regardless of
whether that country has imposed sanctions on Belarus.
The noble Lord, Lord Purvis, also asked about the general licence
in regard to the central bank of Russia and whether this will in
effect weaken the sanctions. I will go into this in some detail,
because it is incredibly relevant and a very good question.
General licences simply allow for transactions, in this case
mostly repos and derivatives, and allow relevant parties to
undertake specified activities that would otherwise be prohibited
by sanctions for a specific period. Similarly to the Biden
Administration and OFAC, through GL 10, we think it is
appropriate to allow the orderly wind-down of contracts.
The next question ought to be: will this wind-down financially
benefit the CBR? These transactions are unlikely to be of any
particular value to the CBR. In fact, they are likely to be
value-neutral. The transactions that this licence covers are
those in which UK banks and the CBR lent each other assets
secured against each other. However, were these transactions not
to terminate in an orderly way or the UK counterparty be forced
to default because it could not return assets, the CBR would be
able to take a cut or turn a profit. Therefore, by our not
issuing a licence the CBR could stand to benefit. This would be
not only bad for global markets but contrary to the intentions of
the sanctions. Obviously, any transition period is related to the
duration of the assets and the contracts in question. The
wind-down period is in the interests of the UK and its allies.
Without it, UK firms would need to resort to challenging
workarounds, with potential for disruption to the UK financial
sector. I hope that answers the question. I have probably
provoked far more questions that I cannot answer, and I will live
to regret it.
The noble Lord also brought up the subject of cryptocurrencies.
UK financial sanctions cover funds and economic resources of
every type, including crypto assets, as set out in OFSI’s general
guidance. As such, they are captured by UK sanctions regulations
and attempting to circumvent sanctions through crypto assets is
still prohibited in the same way that it would be for traditional
fiat currency, and enforcement action by OFSI can still be taken.
The Treasury’s latest monetary penalties for financial sanctions
breaches were levied against firms from the fintech sector,
showing that compliance with financial sanctions is for every UK
entity and not just traditional financial institutions. I will
take the suggestion of a meeting before the next Bill is
presented, as I think it is a very sensible one.
The noble Lord also illustrated the problem with some travel
restrictions by explaining his experience in Doha. I obviously
cannot comment on that; I do not know what is happening with
regards to Doha, but I will look into it. If I can find out
anything particularly pertinent or useful, I will definitely come
back to the noble Lord,
Regarding the visa scheme, again, the noble Lord will not be
surprised to know that I cannot answer or account for the 71
questions. But I heard my noble friend Lord Harrington point out
last week that he is working very hard on simplifying this issue
and making it more straightforward. I respectfully suggest that I
address that question to my noble friend Lord Harrington on his
behalf and ask him to update the House in due course on changes
made.
I also thank the noble Lord for his suggestions regarding other
organisations and other types of legislation that might be used.
I have read a good deal about some of the groups he mentioned—the
Wagner Group in particular—and I am pretty sure that some of the
sanctioned individuals have connections to that group. The noble
Lord makes a very good point about wider application, and these
people need to be looked at very carefully. Some of their
activities do not make for very pleasant reading, as the noble
Lord knows.
I will move to the questions asked by the noble Lord, Lord
Collins. He asked how many are individuals, but I do not have an
answer at the moment—I am sorry.
The noble Lord asked about Usmanov and trusts and whether I had
seen the stories. To be honest, I had not seen those stories this
morning. I do not have information to hand on the details of the
actions that we can take against trusts; obviously, they are
complex legal contracts as well. If I may, I will come back to
him on that subject—hopefully with a much better answer.
On why we would not sanction the whole of Putin’s inner circle,
which is another question that was asked in relation to what the
EU did, I reassure the noble Lord that we will be continuing to
sanction individuals close to Putin. There will be nowhere left
to hide.
4.27pm
Sitting suspended for a Division in the House.
4.30pm
(Con)
I was asked why we should not sanction the whole of Putin’s inner
circle and the security council. I can give a slightly better
answer. On 11 March, the Foreign Secretary sanctioned 386 members
of the Duma, the lower house of the Russian Parliament. On 10
March, the Government announced that they were sanctioning seven
more oligarchs, with a collective net worth of around £15
billion. I will of course update that number in due course.
As I was saying, we will continue to sanction individuals close
to Putin. There will be nowhere left to hide for the super-rich
linked to Putin’s regime who have used City law firms to threaten
the Government. In answer to the questions from both noble Lords,
this coming week, the Government will launch a transatlantic task
force committed to employing sanctions and other financial
enforcement measures on additional Russian officials and elites
close to the Russian Government, as well as their families and
enablers, to identify and freeze the assets they hold in our
jurisdictions. We will also continue to engage with other
Governments, work to detect and disrupt the movement of
ill-gotten gains, and deny these individuals the ability to hide
their assets in jurisdictions across the world. In summary, this
is a very fast-moving situation and the numbers are obviously
changing, so I will come back on that.
The noble Lord, Lord Collins, rightly asked about enforcement. He
will remember from the passage of the then economic crime Bill
that we are launching a register of overseas entities’ beneficial
ownership of UK property to tackle foreign criminals using UK
property to launder money. We are reforming the unexplained
wealth orders regime, removing barriers faced by law enforcement
and helping to target more corrupt elites, as well as
strengthening the Treasury’s ability to take action against
financial sanctions breaches. We have also published further
details of upcoming legislation, which will include fundamental
reform of Companies House—the noble Lord makes a good point
—enhanced information-sharing powers and new powers to seize
crypto assets, which are designed to clamp down on money
laundering and illicit finance. It is a live debate and I urge
noble Lords to engage in it.
The Prime Minster has also confirmed that we are setting up a
new, dedicated kleptocracy cell in the National Crime Agency to
target sanctions evasion and corrupt Russian assets hidden in the
UK. Again, this will obviously mean that oligarchs in London have
nowhere to hide. These measures are very good news for the UK and
our allies. They will enhance our already strong reputation as a
good place to do business.
I have two more things to address. First, the EU announced on 2
March that seven Russian banks would be removed from SWIFT on 12
March. The targeted Russian banks are no longer able to use
SWIFT, as I explained earlier with the Belarusian banks, to
transact with banks domestically and in any country, regardless
of whether that country has imposed sanctions on Russia. On 9
March, the European Union announced that the three Belarusian
banks would also be removed from the SWIFT network from 20 March.
I cannot analyse the scale of the damage that this is inflicting
on Russia but I think we have all seen reports of what is
happening to the rouble and to stranded Russians overseas who are
unable to access credit cards and so on. It would appear that the
disruption from this and the other measures that have been taken
is fairly material but, if I can get more detailed analysis on
the precise impact, I will certainly share it; if the analysis
exists, I will do that.
I think the last question I was asked concerned the number of
ships. The answer is that 10 have been turned away from British
ports since the SI was laid.
I have lost the form of words that I am now supposed to use in
concluding, which is mildly embarrassing—please bear with me. I
hope I have answered noble Lords’ questions and I commend the
regulations to the Committee.
Motion agreed.
Russia (Sanctions) (EU Exit) (Amendment) (No. 5) Regulations
Considered in Grand Committee
4.34pm
Moved by
That the Grand Committee do consider the Russia (Sanctions) (EU
Exit) (Amendment) (No. 5) Regulations.
Relevant document: 32nd Report from the Secondary Legislation
Scrutiny Committee
Motion agreed.
Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations
Considered in Grand Committee
4.35pm
Moved by
That the Grand Committee do consider the Russia (Sanctions) (EU
Exit) (Amendment) (No. 6) Regulations.
Relevant document: 33rd Report from the Secondary Legislation
Scrutiny Committee. Instrument not yet reported by the Joint
Committee on Statutory Instruments.
Motion agreed.
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