PARLIAMENTARY WRITTEN QUESTION
Sanctions (24 January 2023)

To ask the Chancellor of the Exchequer, what procedures his Department uses to investigate the merits of applications made by individuals subject to sanctions for licenses which allow them to use UK courts.

Asked by:
Pat McFadden (Labour)

HM Treasury does not comment on individual licensing cases.

HM Treasury’s Office for Financial Sanctions Implementation (OFSI) takes operational decisions relating to the implementation of financial sanctions in line with the relevant regulations. OFSI has not considered it appropriate for the Treasury to effectively decide on whether a case has sufficient merit to be permitted to proceed by deciding whether to license legal fees. Rather, OFSI's position has been that the merits should be decided by the appropriate court. OFSI assesses cases on a costs-basis only, ensuring that the fees requested are reasonable in accordance with the derogations available under the sanctions regimes.

We need to carefully balance the right to legal representation - which is a fundamental one - with wider issues, including the aim and purpose of the sanctions. It is right therefore that Ministers are examining whether there are any changes that can be made to this policy.

Answered by:
James Cartlidge (Conservative)
8 February 2023