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Simon Hirsbrunner is a dual-qualified Swiss and German lawyer. His practice involves EU and Swiss regulatory compliance, including advice on economic sanctions against third countries such as Iran, Libya, Syria and Russia. He has particular experience in advising banks on EU and Swiss financial sanctions. Simon is also well-known for his trade policy advice on Swiss-EU relations and he has particular industry expertise in financial services, energy and aviation. He takes a particular interest in the trade policy consequences of Brexit and has published various papers on this topic. Prior to joining Steptoe, Simon occupied various positions in public administration, including the Swiss Federal Office of Justice, the European Commission and the European Free Trade Association – EFTA, bringing more than two decades of experience in EU affairs.

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On September 9, 2021, the long-awaited recast of the EU Dual-Use Regulation (the Regulation) will enter into force. It provides for new rules on cyber-surveillance technology, the provision of technical assistance, as well as export restrictions for reasons of public security and human rights considerations. Additionally, the new Regulation provides for large project authorizations as well as two new EU General Export Authorizations.
Continue Reading Revised EU Dual-Use Regulation to Enter into Force

Like the United States and other like-minded countries, the EU regularly uses targeted financial sanctions against foreign organizations, legal entities, and individuals as a proportionate response in situations where an international disagreement or a crisis cannot effectively be resolved by conventional instruments of diplomacy, or to give weight to its demands against foreign powers.  The procedure for the adoption of financial sanctions by the EU is in principle governed by strict standards as concerns due process and the respect of the rule of the law. However, when the parties targeted by sanctions seek legal redress, they are often frustrated by the outcome.  This is illustrated by two judgments of the EU General Court in a matter involving Viktor Yanukovych, the former President of Ukraine, and his son, Oleksandr Yanukovych (see cases T-303/19 and T-302/19).
Continue Reading “Déjà vu” in EU Sanctions Policy: A Comment on Two EU General Court judgments in the Yanukovych Case

The German Federal Parliament has adopted a new Act on Corporate Due Diligence Responsibilities in Supply Chains (‘the Supply Chain Act’) on Friday, June 11, 2021, due to enter into effect on January 21, 2023.  By virtue of the Supply Chain Act, companies with a significant presence in Germany, as further explained below, must ensure compliance with human rights and environmental concerns in their business operations and impose equivalent due diligence responsibilities on their suppliers, irrespective of where they are located.

The Supply Chain Act could be of particular interest to the extractive industry, including oil and gas companies, and suppliers of the German automotive industry, but other industries will be affected as well given that the Act applies in principle across all sectors and covers both manufacturing and services, including, in principle, financial services.Continue Reading Germany Introduces New Human Rights and Environmental Responsibilities for Parties in B2B-Relationships

The Council of the European Union (the Council) on May 17, 2021 agreed to prolong, for the second time, the sanctions framework concerning restrictive measures against cyber-attacks threatening the European Union (EU) or its Member States for another year, until May 18, 2022. The Council’s press release is available here.

Cyber sanctions are part of the EU cyber diplomacy toolbox and seek to prevent, discourage and respond to malicious cyber-attacks that have a significant impact on the EU. This framework was adopted in May 2019 under Council Decision (CFSP) 2019/797 and Council Regulation (EU) 2019/796, and is reviewed by the Council on a yearly basis. It allows the EU to sanction persons and entities deemed to be involved in major cyber-attacks threatening the EU or its Member States by imposing asset freezes or travel bans against those listed in the Council’s legal acts. The EU can also target those involved in attempted cyber-attacks with a potentially significant effect.Continue Reading The EU Keeps Its Ability to Sanction Cyber Attackers for One More Year

On April 21, 2021, the EU General Court rendered a judgement on an appeal against the retention of Aisha Qaddafi, the daughter of the late Colonel Muammar Qaddafi, on EU sanctions lists. The judgment confirms the case law according to which the EU Council may, in certain cases, have to produce additional proof to justify the listing of a person, even where this person has been previously designated in a Resolution of the UN Security Council.

Aisha Qaddafi was first listed by the EU in March 2011, shortly after her designation by the UN Security Council. Since then, the EU sanctions lists have been updated several times without any amendments to the listing of Ms. Qaddafi. The contested acts by which the listing of Ms. Qaddafi was maintained and which were adopted in 2017 and 2020, did not mention any new factors other those which had been put forward for the initial listing of her name in 2011. The stated reason for listing her under EU sanctions was the simple fact that she had been designated by the UN Security Council in 2011.Continue Reading EU General Court lifts sanctions against daughter of Muammar Qaddafi

On March 22, 2021, the EU, UK, US and Canada announced a range of coordinated sanctions to crack down on alleged serious human rights abuses in the Xinjiang Uyghur Autonomous Region (XUAR).  The coordinated announcements comprised measures of various types, including asset freezes and travel bans against individuals and entities alleged to be involved in serious human rights violations against Uyghurs and other minority groups in the XUAR.  The measures elicited the swift imposition of retaliatory sanctions by China against a group of EU individuals and institutions.
Continue Reading EU, UK, US and Canada Announce Coordinated Xinjiang Sanctions

On January 29, 2021, the European Commission put in place a temporary authorization scheme for exports to non-EU countries of COVID-19 vaccines covered by Advanced Purchasing Agreements (APAs). Under the APAs, the vaccine producers concerned have committed to deliver a number of vaccines. In return, the EU has provided upfront funding to companies to strengthen

On January 19, 2021, the European Commission presented a Communication setting out a strategy to stimulate the openness, strength, and resilience of the European Union’s economic and financial system.

An important part of this Communication concerns EU sanctions, in particular:

  1. the implementation and enforcement of EU sanctions regimes.
  2. the EU’s resilience to the effects of

Following the adoption of the EU Global Human Rights Sanctions Regime, which is set out in Council Regulation (EU) 2020/1998 and Council Decision (CFSP) 2020/1999 (see our previous client alert), the European Commission published a Guidance Note on the implementation of certain provisions under Council Regulation (EU) 2020/1998. The stated aim of the Guidance Note is to address the questions most likely to arise in the application of the new restrictions and to ensure their uniform implementation by EU operators and EU Member States competent authorities. Upon its issuance, Mairead McGuinness, European Commissioner for Financial Services, Financial Stability and Capital Markets Union, explained that this was the first time that a new EU sanctions framework is accompanied by such Note.

The Guidance Note provides guidance on the scope of financial restrictions, including the freezing of funds and economic resources and the prohibition to make funds and economic resources available to sanctioned persons, entities and organizations. It also addresses compliance obligations and specific notions, such as “ownership” and “control” of entities by listed persons. Further, the Guidance contains information on exceptions and derogations, including for the provision of humanitarian aid.Continue Reading European Commission issues Guidance Note on the EU Global Human Rights Sanctions Regime

On December 7, 2020 the Council of the EU adopted a Decision and a Regulation establishing a EU Global Human Rights Sanctions Regime. Similar to the US Magnitsky Act, the framework will enable the EU to target individuals, entities and bodies responsible for, involved in or associated with serious human rights violations and abuses worldwide, regardless of where they occurred.

The new sanctions regime makes it possible to act against human rights violations through the freezing of funds and economic resources of sanctioned persons, entities and organizations. Additionally, it will be prohibited to make funds and economic resources available to those listed. Sanctioned individuals will also be prohibited from traveling to the EU.

The EU Global Human Rights Sanctions Regime covers a wide range of human rights violations including, genocide; crimes against humanity; torture and other cruel, inhuman or degrading treatment or punishment; slavery; extrajudicial, summary or arbitrary executions and killings; enforced disappearance of persons; as well as arbitrary arrests or detentions. It also covers other violations or abuses, if they are widespread, systematic or otherwise of serious concern when measured against the objectives of the EU common foreign and security policy. Such other violations or abuses include, trafficking in human beings, as well as abuses of human rights by migrant smugglers; sexual and gender-based violence; violations or abuses of freedom of peaceful assembly and of association; and violations or abuses of freedom of opinion and expression or religion or belief.Continue Reading EU adopts Magnitsky-style sanctions framework against human rights violations