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Sanctions and Export Controls

Speaker: Peter Caldwell
Chambers: Doughty Street Chambers

Peter Caldwell is considered to be a leading barrister, working as the head of Doughty Street Chamber’s International Sanctions Team. He specialises in cases of financial misconduct and extradition. He advises and represents individuals and businesses in international investigations of bribery, money laundering and sanctions compliance.

Here Peter outlines international policies governing export controls, highlighting the most frequently applied measures within sanction regimes. He outlines significant differences between different jurisdictions. He ends the presentation by looking ahead by outlining how The Sanctions and Anti-Money Laundering Act 2018 will provide the legal basis for the UK to impose, update and lift sanctions after Brexit

Key words/topics

Sanctions and Export Controls

Foreign Policy

Humanitarian Policy

National Security Interests

International Law

Trade Sanctions

Financial Sanctions

United Nations

United States

European Union

Security Council

Implementatin of UN/EU Régimes

Statutory and Executive Orders

Office of Foreign Assets Control

Magnitsky Act

Civil Penalties

Criminal Penalties

Secondary Sanctions

Joint Comprehensive Plan of Action

Policing and Crime Act 2017

Office of Financial Sanctions Implementation

Anti-terrorism Crime and Security Act 2001

Counter Terrorism Act 2008

Department for International Trade

Export Control Joint Unit.

Import Licensing Branch

Customs and Excise Management Act 1979

Trade in Goods (Control) Order 2003.

Sanctions and Anti-Money Laundering Act 2018 

Brexit

More about Peter Caldwell

Peter is ranked by Legal 500 and Chambers UK as a leading barrister, (Band 1), in international crime and extradition and criminal fraud.

“ Peter is a giant in this field. He has a deep knowledge of international crime and extradition”; “an intelligent, tactically astute and decisive advocate, who impresses with his ability to master complex arguments” – Legal 500

“A very thorough lawyer who is hands-on, dedicated and very passionate about human rights.” 

Clients value his international criminal law and public law experience for advice on sanctions and regulatory compliance.

Chambers and Partners has commented

“Instructed for the defence in major SFO cases. He regularly tackles matters involving allegations of bribery and market manipulation, and is an expert on sanctions work”

Peter is relied on to protect his clients from the adverse reputational consequences of regulatory investigations. He has recently acted on behalf of:

  • A UK PLC, advising on its compliance obligations in respect of financial sanctions;
  • A UK-based cryptocurrency exchange in relation to an investigation by BEIS;
  • An off-shore private corporate trust provider in respect of a Paradise Papers investigation by a financial services regulator;
  • The former MD of a high profile motor manufacturer in proceedings before the Pensions Ombudsman and Pensions Regulator;
  • The director of a UAE based company in respect of a United Nations Panel of Experts investigation into Sanctions breaches.

Peter has over twenty years’ experience defending in criminal and regulatory cases where the outcome depends on witness examination and trial advocacy. In recent years he has successfully defended:

  • A company director in the first prosecution of a Bitcoin operator by the Isle of Man FSA.
  • A solicitor prosecuted on allegations of cheating the Revenue;
  • A company director accused of land banking fraud.

Peter is regularly instructed to defend in proceedings brought by the Serious Fraud Office: Allied Irish Bank fraud; Independent Insurance Group Plc; BAe Systems Plc in SFO (Tanzanian radar contract).

Peter is consistently ranked Band 1 in extradition law.  The landmark extradition cases in which he has acted (Popoviciu, Love, Symeou, Tollman, Fenyvesi, among many others), shaped the law under the 2003 Act. He has successfully challenged extradition on grounds of abuse of process, political persecution, insufficiency of evidence and human rights arguments on prison conditions, fair trial, family rights and mental health.

He is a natural choice to advise on the risk of extradition arising from international criminal investigations, particularly those concerning financial crime and bribery, and where advice on Interpol Red Notices is required.

(see https://www.doughtystreet.co.uk/barristers/peter-caldwell for more information)