Sanctions: Notable case

Iraqi Sanction-Busting Offence Invalid (2011)

Adrian Darbishire and Rachna Gokani represented two individuals charged with a series of offences under the Iraq (United Nations Sanctions) Order 2003, a strict liability offence carrying a maximum penalty of seven years' imprisonment. The individuals are alleged to have supplied military equipment to the Iraqi MOD in 2005. It was successfully argued in the Crown Court and the Court of Appeal that the Sanctions Order was invalid. The Court of Appeal agreed that the offence created in the Order was inconsistent with the underlying UN Security Council Resolution (1546) and was therefore of no effect, and in addition, that technical deficiencies in the definition of the prohibited goods meant that no valid offence was created. Accordingly, it was held, the prosecution on those counts must fail.

Approved Judgment

Notable cases:

Re J
Advised the Managing Director of a company in respect of a US/UK investigation in relation to alleged breaches of Iranian sanctions. No action taken
Jason Mansell

Re C
Advised an Iranian citizen resident in the UK who was being "cold shouldered" by financial institutions as a result of sanctions
Jason Mansell

R v Nik and Nik
Defended the Managing Director of a company charged with exporting dual use goods to Iran without a licence
Jason Mansell

R v Pouladian
Sanctions busting
John Hilton QC

R v Semsarilar
Successful defence of client charged with 'Sanctions Busting'
Tom Kark QC | Rachna Gokani

R v PD & EB
Major sanctions busting case collapses
William Boyce QC | Adrian Darbishire QC | Rachna Gokani

Mabey & Johnson Ltd
Corporate sanctions busting
Peter Finnigan QC

Iraqi Sanction-Busting Offence Invalid
Offence invalid
Adrian Darbishire QC | Rachna Gokani

Elmaghraby and El Gazaerly v Council
Former Egyptian minister and his wife take the EU Council to court over asset freeze.

Articles:

Katherine Buckle warns that the ECJ decision in Anbouba raises significant concerns for those doing business in countries subject to sanctions
Risks of doing business in sanctioned countries. This article was first published on Lexis®PSL Public Law. 28.4.2015

For more information on crime-related matters, please contact the clerks on 020 7933 8855 or barristers@qebhw.co.uk