Mints v NBT = Jersey Financial Sanctions Implementation Unit (FSIU) issues an update
19/10/2023
The Jersey Financial Sanctions Implementation Unit (FSIU) issued an update on the UK's Foreign, Commonwealth and Development Office (FCDO) e-alert Mints v NBT
1. On 16 October 2023 the UK's Foreign, Commonwealth and Development Office (FCDO) issued an e-alert following the Court of Appeal's judgement in the case of Mints & others v PJSC National Bank Trust & another. The statement reads:
- "The Government is carefully considering the impact of the Court of Appeal’s judgment in Mints & others v PJSC National Bank Trust & another, in particular the Court’s views that PJSC National Bank Trust is ‘controlled’ by Designated Persons by virtue of their political office, noting that the case was not decided on this point.
- FCDO would look to designate a public body where possible when designating a public official if FCDO considered that the relevant official was exercising control over the public body.
- There is no presumption on the part of the Government that a private entity based in or incorporated in Russia or any jurisdiction in which a public official is designated is in itself sufficient evidence to demonstrate that the relevant official exercises control over that entity.
- In the interests of reducing any uncertainty, we are exploring the options available to the Government in clarifying this position further."
2. Jersey Financial Sanctions Implementation Unit (FSIU) remains in contact with the FCDO following the judgement and will share any further information or update once it becomes available.
3. Any questions about this notice should be addressed to the Financial Sanctions Implementation Unit by email to sanctions@gov.je.
Source
https://www.gov.je/gazette/pages/fcdoealertmintsvnbt.aspx
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.