Ince Sanctions 2021 by Ince

You, sanctions & Ince, in any case incegd.com Europe & Middle East & Asia

You, sanctions & Ince, in any case

Sanctions / 2021

Ince

In this fast-paced world you are seeking a pro-active business services partner that moves your company forward, someone who understands your challenges and the importance of commitment.

From our offices in Europe, the Middle East and Asia, our dedicated team of legal and business services professionals can guide you in developing and delivering on your roadmap for sustainable success and provide you with advice that will not only safeguard your business interests but ensure you reap commercial rewards.

Meet Ince, your trusted partner, in any case.

Support, every step of the way

Providing you with strategic guidance and well considered advice, we are renowned for the depth and breadth of our legal services and our understanding of the industries in which you operate. We recognise your needs and offer business focussed legal services, together with advice that makes commercial sense. One firm, in any case With over 150 years of experience, we have cultivated a seamless ‘one-firm’ approach that is tailored to your personal needs and pairs you with the best legal and strategic business professionals in your field; whenever, wherever, and in any case.

By leveraging our sector expertise, legal skills and market experience, you can feel safe in the knowledge that we will both handle complex legal issues on your behalf while providing you with expert strategic advice when the need arises.

700+

400+

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offices

different language capabilities

employees worldwide, including support staff

legal and business services professionals

Ince

Sanctions / 2021

Sanctions The imposition of sanctions, whether that includes financial or territorial restrictions, are becoming increasingly used by governments as a tool to support their foreign policy objectives. As a result the international sanctions landscape is complicated, challenging and inconsistent which makes it difficult for businesses to navigate on their own, particularly those involved in cross border trade. As regulatory scrutiny on compliance continues to rise, it is critical for businesses to keep themselves informed and avoid any breaches of sanctions which can lead to penalties and fines; personal criminal liability; reputational damage and potential economic isolation. Ince has the experience and expertise to provide expert advice on all aspects of UN, EU and UK sanctions as well as working in conjunction with US lawyers for US sanctions issues. We regularly advise on sanctions regimes affecting states subject to or have been subject to sanctions, including Iran, Syria, North Korea, Qatar, Russia, Ukraine, Iraq, Libya, Sudan, Myanmar (Burma) and Venezuela.

“Very pragmatic approach and solution oriented.” — The Legal 500 UK

We also have a number of international offices on whose expertise we can call on including Dubai, Hong Kong, Singapore, Cyprus and China which provides us with a global perspective. We advise on both contentious and non-contentious sanctions issues. From advising on how sanctions may impact on contracts through to developing internal sanctions policies, due diligence and compliance procedures to avoid breaching sanctions and to identify and manage your exposure to sanctions risks, Ince is here to protect and assist clients from sanctions exposure. Our extensive experience in this area means we are both well equipped to advise on urgent issues in high pressured situations and to understand and implement policies and procedures tailored to your specific business. We do not consider that there is a “one size fits all approach” on sanctions. Our aim as a legal advisor and consultancy service is to work with our clients to understand the key issues and risks that they face from a sanctions perspective and then ensure that our advice is appropriate for their specific business.

Sanctions / 2021

Ince

Our sanctions experience: •

We have advised a number of clients in the maritime sector on their sanctions policies. We consider that it is not only important that any sanctions policy is tailored towards and reflects a firm’s business but is also formulated in a way that all employees of the business are able to understand what is required of them. It is therefore our aim to ensure that sanctions policies are designed in a fit for purpose way for a client’s business.

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We have advised clients on sanctions clauses, including sanctions clauses prevalent in the maritime sector e.g. the BIMCO sanctions clauses and Designated Entities Clauses as well as advising clients on bespoke sanctions clauses to identify and deal with the particular risks that may arise on certain types of business e.g. STS transfers. These include not only clauses designed for charterparties but sale contracts and other bespoke terms and conditions.

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We assist clients in the maritime sector on counterparty risk, including due diligence and potential issues with charterers, cargo interests and suppliers. This can involve the use of technology advisors and local lawyers where appropriate to try and identify the risk factors that may be involved in engaging with a particular counterpart.

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As specialist shipping lawyers we have a deep knowledge of maritime issues and are therefore able to advise clients more widely on their contractual rights where a sanctions issue may arise on a particular trade e.g. if a particular cargo becomes sanctioned how this may impact on the various contractual relationships such as charterers, bill of lading holder etc. We consider that this full service is important given that sanctions may be an issue which impacts on wider issues e.g. the right to terminate and/or deviate on a voyage.

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We provide advice on payment issues and can assist with applications to the relevant authorities for appropriate authorisations and licences for transactions subject to restrictions. We also assist clients with reputational issues arising from alleged and actual sanctions breaches including dealing with third party media/pressure groups.

“They are excellent to work with, provide to-the-point advice, are swift, creative and sensible, and give excellent-quality legal advice.” — Chambers and Partners UK

Sanctions / 2021

Ince

Our broader experience In terms of our broader experience we have acted and continue to act for, amongst others, airlines, aircraft lessors, marine and aviation brokers, ship owners, insurance companies, P&I Clubs, and trading houses. Our recent experience in this area is outlined below:

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Advising and assisting a large ship management company in relation to the freezing of accounts.

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Assisting clients in respect of allegations made through the disclosure of WikiLeaks documents alleging trading with sanctioned countries including preventing publication in a national newspaper.

International financial and trade sanctions experience

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Advising on specific contracts for delivery or loading of cargo from sanctioned states.

Assisting an international business media group in relation to dealing with sanctioned clients.

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Advising on contracts with entities subject to limited sectoral sanctions.

Acting in several cases for oil traders in relation to issues involving Iranian sanctions.

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Advising an international syndicate of banks in respect of the acceleration of a loan provided for a fleet of vessels and co-ordinated and organised the arrest of the vessel fleet in various jurisdictions (Europe, South East Asia) with the assistance of local counsel. We advised in all matters relating to the acceleration and enforcement of the loan and in relation to relevant sanctions regimes.

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Advising clients regarding an asset located in a sanctioned jurisdiction.

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Advising clients regarding their options following the sanctioning of a counterparty.

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Advising clients on a complex delisting and licence application involving an entire fleet and numerous corporate entities.

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Advising clients on issues concerning the employment and directors duties of Russian citizens working for international corporates.

• • •

Advising leading commercial aircraft lessors on the impact of Russian and Crimean sanctions on the leasing of aircraft to Russian entities.

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Advising marine and aviation brokers in several cases on providing insurance cover for vessels/aircraft calling at Iran.

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Advising clients on the impact of restrictions on provision of certain technologies for use in Russia.

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Advising clients on the provision of personnel to Iran under a service agreement.

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Assisting a ship owning companies with sanctions due diligence investigations and in the formulation of compliance policies on sanctions issues.

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Advising and assisting clients in relation to how to respond to compliance checks made by international banks.

“Ince provided a superb service throughout.” — Chambers and Partners UK

Ince

Sanctions / 2021

“Their depth of knowledge and expertise in all aspects of shipping, whether transactional, adversarial, or regulatory, is unparalleled.” - The Legal 500 UK

Sanctions / 2021

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