Organisation: NAÏMA Strategic Legal Services; Berlin, Germany
When: 23 March 2023
Where: Steigenberger Icon Wiltcher's Hotel
Av. Louise 71, Belgium, Brussels
Legal experts (criminal law, human rights), reps of
advocacy, political scientists, EU administration representatives,
Participants: Lawyers, administrators, media, political scientists
Free of charge
Based on a legal opinion commissioned by NAÏMA Strategic Legal Services GmbH Berlin representatives of the EU administration, the legal profession, experts on international law, sanctions specialists and political scientists will discuss the topic "Are EU sanctions going too far? A critical assessment".
The authors of the expert opinion, Dr. Anna Oehmichen (Germany) and Salomé Lemasson (France) are criminal lawyers and experts on sanctions, who are taking a critical look at the Russia-related EU sanctions regime, which was created under enormous time pressure. The result is a legal opinion with explosive findings: The sanctions packages have legal and operational shortcomings. There is a lack of coherence, the terminology is often too vague and there is a lack of transparency for criteria and standards of proof.
What's more, while the sanctions themselves are not criminal in nature, the consequences that those sanctioned must bear are all the more so. And it is precisely here that things may become critical for asset freeze sanctions: Should the EU Court of Human Rights (ECtHR) rule that the sanctions are ultimately criminal measures, then all individuals and companies who are to be placed on a sanctions list or who have already been sanctioned would be entitled to a due process within a criminal procedure before even put on the list. There would have to be public court hearings and evidence for each individual case.
With this conference we want to shed light on different aspects of Russia-related sanctions. Our goal is to contribute to improving them, strengthening them and bringing parts of the sanctions closer to the principles of the rule of law.
Dr. Dr. Claus Zimmermann, Associated Partner NOERR, Brussels (morning)
Prof. Laurent Marlière, CEO and President ISFIN, Brussels
(Attention: Continuous updates on times and speakers)
Welcome – Why we asked for a legal opinion on EU-sanctions regime
Uwe Wolff, CEO NAÏMA Strategic Legal Services, Berlin
Block 1 (10:00-12:45)
Exploring the EU Russia-related sanctions
1. Exploring the Russia-related EU-sanctions regime – What we saw and how we see it
Dr. Anna Oehmichen, lawyer Oehmichen International, Berlin
2. Criteria for landing on the sanctions list - Are all oligarchs equal?
Nicolay Petrov, political scientist, German Institute for International & Security Affairs, Berlin
3. Defending clients against sanctions - A human rights perspective
Maya Lester KC, Barrister, Brick Court Chambers, London
Michael O'Kane, lawyer, Peters & Peters, London
Block 2 (14:00-15:45)
Legal advisory and sanctions
4. The role of lawyers in the sanctions process: From compliance officer to guarantor, and
to legal recourses
Tamara Caiani, family officer and compliance specialist, Luxembourg
Dominique Grisay, lawyer, expert on sanctions, Brussels
5. Defense lawyers: Why sent an open letter to the EU Commission
William Julié, international criminal lawyer, Paris and Brussels Bars
Block 3 (15:45-18:00)
Sanctions criteria and discrimination
6. Can we be successful in combating discrimination in sanctions law?
Dr. Gabriel Lansky, international business lawyer, sanction expert, Vienna
8. Corporate perspective: How do companies cope with the sanctions?
Yuri Shumilov, partner Acquis EU Law & Policy, Brussels
9. Open discussion
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