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Criminal Law
Fraud, Financial Crime & Anti-Money Laundering
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30 minutes of audio
(+ optional 5 minute online quiz)
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Course Aims:

This podcast series considers the law relevant to economic sanctions.

Part One introduces the listener to the subject by setting out typologies and giving historical and more recent examples of international economic sanctions. It will then consider the legal framework, and the impact the recent case of Ahmed v HM Treasury has had. It will consider the relevant provisions under the Anti-Terrorism, Crime and Security Act 2001 and the Counter-Terrorism Act 2008. It will look at the Iran Sanctions and some of the common features and practical considerations of economic sanctions.

Part Two considers the relevant domestic criminal offences relating to breaches of primary prohibitions, it will also consider how the protection of fundamental rights, the scope of judicial review and proportionality has been approached in recent cases on the topic. It will also consider recent cases involving enforcement actions.

After completing the course you will:
  • Be aware of the domestic criminal offences that relate to economic sanctions;
  • Know what the burden of proof is in such offences (post Ahmed);
  • Understand what the penalties will be for contravention/circumvention of prohibitions or for violations of ancillary provisions;
  • Be aware of recent cases significant on the issue of the protection of fundamental rights and the scope of judicial review in this context;
  • Understand the approach of the court to the issue of ‘proportionality’ in this context;
  • Be aware of some of the recent enforcement actions.
Specialist Difficulty: 5 of 5
Case Update
Legal Principles
Legislative Updates
Sources and References:
  • Ahmed v HMT [2010] UKSC 2;
  • Al-Qaida & Taliban: Council Reg. (EC) 881/2002; Reg. (EU) 1286/2009 (22.12.09);
  • Anti-Terrorism, Crime and Security Act 2001;
  • Bank Mellat v HMT [2010] EWCA Civ 483; [2010] Lloyd's Rep. F.C. 499;
  • Bank Mellat v HMT [2011] EWCA Civ 1;
  • Ben Ali (ex-President, Tunisia): Council Reg. (EU) 101/2011 (4.2.11);
  • Case C-340/08 M v HM Treasury (ECJ, 29 April 2010); [2008] UKHL 26;
  • Case C-402/05 P Kadi v Council of the European Union [2008] ECR I-6351, [2009] Lloyd’s Rep FC 95 (ECJ Grand Chamber, 3rd Sept. 2008);
  • Case T-390/08 Bank Melli v Council [2009] ECR-II 3967;
  • Case T-85/09 Kadi v European Commission (Council of the European Union and others intervening) (General Court, 30th Sept. 2010);
  • Counter-Terrorism Act 2008;
  • Mabey & Johnson;
  • R v Dougall [2010] EWCA Crim 1048;
  • R v Innospec (26 March 2010) (x);
  • Terrorist Asset Freezing Etc. Act 2010;
  • The Financial Restrictions (Iran) Order 2009/2725;
  • Trading with the Enemy (Extension of Powers) Act 1915, s.1; TWEA 1939;
  • United Nations Act 1946.

In this two part CPDcast series, Rachel Barnes from 3 Raymond Buildings discusses international economic sanctions.

Podcast added: 06/06/11

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