United Kingdom – enforcement update from the OFSI annual report for 2023/24

OFSI has published its annual report for the year 2023/2024.

The report provides the following data:

2021/22 – 147 investigations opened (and 101 closed);

2022/23 – 473 investigations opened (and 74 closed); and

2023/24 – 396 investigations opened (and 242 closed).

Of the 396 investigations opened in 2023/24, 288 were as a result of self-reporting with 108 opened through pro-active investigation or other means.

Further, OFSI’s report gives a break down of which sanctions regimes the investigations relate to:

  • 347 to Russian sanctions;
  • 21 to Libyan sanctions;
  • 9 to Iran sanctions; and
  • 19 across the other regimes.

The report also gives a break down of the 242 investigations closed during the year of the report:

  • 133 closed with a finding of no breach and sending a “No Further Action” letter;
  • 18 closed with a finding there was a breach and sending a “Warning” letter;
  • 1 closed with a finding of a breach and a referral to a regulator;
  • 1 closed with an OFSI public disclosure;
  • 61 closed without a final determination that there was a breach and sending a “No Further Action” letter; and
  • 28 investigations closed for “Other” reasons.

Italy – seizure of Russian-origin military cargo bound for Libya

It is being reported that the Italian authorities, upon receipt of information from the US authorities, have conducted an operation in the Mediterranean to seize millions of dollars in unspecified military equipment on board the MSC Arina.

The goods are suspected of being exported to Libya in breach of the arms embargo that forms part of the UN sanctions.

The vessel had departed Shenzen, China in April and was allowed to continue after the cargo in question was removed.

It is being reported that the equipment was destined for General Khalifa’s forces in eastern Libya.

 

Ireland – investigation launched into alleged breaches of EU and UN Libyan sanctions

The Irish Department of Enterprise, Trade and Employment has launched an investigation into alleged breaches of both UN and EU sanctions against Libya first reported in the Irish Times.

It is alleged that former members of the Irish Defence Forces provided military training and material to forces of Khalifa Haftar’s Libyan National Army in breach of relevant arms embargoes.

It is alleged that the initial contract was entered into by an Irish company co-owned by Danny Cluskey, Darren Kelly and Nigel McCormack, and that the contract was then switched to a Dubai-based company (SOF Training).

 

Malta – five individuals and company acquitted of Libyan sanctions breaches

Further to our earlier post, a Magistrate in Malta has acquitted James Fenech, Bertrand Agius, Konrad Agius, Charles Bugeja,  Michael Cauchi and the company Sovereign Charters Ltd of breaching EU sanctions against Libya.

The case related to the use of outboard motor boats to bring private military personnel out of Libya. The allegation was that the vessels were included amongst those products that could not be exported or transferred to Libya.

The court held that the particular vessels included, as identified by their 8-digit Combined Nomenclature Code, were not amongst the categories of vessels prohibited under the EU’s sanctions. Accordingly, the charges were dismissed.

The company accepted a fine of €15,000 for immigration irregularities.

Malta – five charged with breaching Libyan sanctions

It has been reported today that the Maltese authorities have charged five individuals with breaching the EU sanctions against Libya.

Only one individual was named – James Fenech.

The case relates to the use of military-grade inflatable vessels allegedly used to move military personnel into, and out of, Libya.

The court has also ordered that the accounts of the companies involved be frozen.

Italy – sentences for arms exports to Iran and Libya

It has been reported today that a plea deal has been reached for the final two defendants in the Italian prosecution of arms exports to Libya and Iran in breach of EU sanctions and export controls.

Mario Di Leva negotiated 3 years and 8 months of imprisonment and a fine of €8000, and for Annamaria Fontana the sentence was 3 years and 6 months and a fine of €7000.

See our earlier post for the plea deal for the first defendant.

Italy – arrests for suspected arms exports to Libya and Iran

It has been reported today that the Italian authorities have arrested four individuals, including the CEO of the company Società Italiana Elicotteri.

The individuals are Andrea Pardi, as well as married couple Mario Di Leva and Annamaria Fontana and their son.

The exports are reported to have taken place between 2011 and 2015 and relate to assault rifles, helicopters and surface to air missiles.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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