A British court rejected Rosneft's appeal to suspend the sanctions order

A British court turned down the appeal of Rosneft to suspend the national law on the control over the implementation of EU sectoral sanctions.
02.12.2014
RBC
Origin source
The Russian company referred to the legal ambiguity of the wording of the sanctions, and asked the court to postpone the entry into force of the order, according to which introduces criminal liability for violation of sanctions

The Administrative Court in London, part of the High Court, on Thursday, November 27 issued a decision on the application of "Rosneft" is not in favor of the company. This RBC said the official representative of the Ministry of the UK business. British lawyers, "Rosneft" asked the court to suspend the Order of Export Control (Export Control Order), signed by the Minister for Business, Enterprise and Energy, on 5 November. The Order introduces criminal liability for violation of EU sanctions against the Russian oil sector in the United Kingdom or the UK where individuals whatsoever. Now, the act will come into force as planned on 29 November, 2014.

"We welcome the decision of the High Court. Ministry to refuse from further comment on the eve of a full judicial review of the case in the next year ", - said RepresentatApplicant agencies. On the phone, the Administrative Court on Thursday night there was no answer.

"Rosneft" challenges the legality of the order on monitoring compliance with EU sanctions and wanted the court as an interim measure has blocked its enactment. The order, in particular, introduces punishment - fines and / or imprisonment of up to two years - for violation of EU sanctions imposed in September. Then the Council of the EU has introduced a ban on the provision of related services in the exploration and production of oil in the deepwater, arctic and shale deposits in Russia. Under the ban were drilling, well testing, well logging and well completion and delivery of specialized floating units.

The materials on the website of the High Court stated the case of the oil company "Rosneft" against the UK Treasury. Finance Ministry spokesman said RBC that the decision is affected by the Treasury, Ministry of Foreign Affairs and the Department for Business, but in this case the profile is the last party.

According to the agency Press Association, which on Wednesday announced the decision of the court, "Roseft "stated that British regulations after EU sanctions laws" riddled with uncertainty. " Categories "deep", "Arctic" and "shale oil project" is not clearly defined, in particular, it is not clear whether or not understood by the Arctic area within the Arctic Circle, or just the Arctic seas.

According to industry portal Energy Voice, a judge on Thursday agreed that the provisions of the law "would be more precise and clear," but this is not enough to satisfy the request of "Rosneft".

"Rosneft" at the hearing in court represented by a reputable lawyer Barrister Pushpinder Signy from Blackstone Chambers, who argued that the British sanctions resolution violates the principle of legal certainty - one of the fundamental principles of law. The representative of Blackstone Chambers declined to speak on the subject of the judgment, citing client instructions.

"Rosneft" declined to comment.

In the UK, the EU sanctions regulations have direct effect. howeverand bring sanctions to enforce the responsibility of national governments and the EU, each country has the right to tighten control over execution. The UK government classifies the violation of EU sanctions against Russia, Crimea and Sevastopol as a criminal offense.