The UK has played a key role in the design and deployment of economic and financial sanctions over many years, linked in part to its role as a permanent member of the UN Security Council.
Russia’s full-scale invasion of Ukraine in February 2022 led to a major escalation in the use of sanctions by G7 countries. While the G7 has been at pains to emphasise that sanctions are part of a broader strategy to support Ukraine in its struggle for survival, they are nonetheless one of the most significant instruments deployed.
The scale and scope of the measures taken have been unprecedented, including freezing at least $300 billion of foreign exchange reserves of Russia’s central bank, excluding Russian commercial banks from the SWIFT payments system, and steps to cap the price at which Russia is able to export oil so that the product itself reaches the world market, but Russia’s revenues are restricted.
A new strategy
In the context of this major expansion, and with the repatriation of full authority over sanctions following the UK’s departure from the EU, the UK recently launched a new sanctions strategy under the rubric ‘Deter, Disrupt and Demonstrate’.
The new strategy provides an end-to-end guide to the UK government’s approach.
It describes the government’s range of objectives and decision-making criteria, sets out the approach to mitigating unintended consequences and legal risks, clarifies roles and responsibilities across government, describes the steps being taken to strengthen enforcement, and highlights the benefits from collaboration with like-minded international partners.
The document is readable, well-structured, and provides a clear response to the common critiques that sanctions fail to change behaviour, impose unreasonable costs on the implementing country or have serious unintended consequences.
As such, it could be a helpful model for clarifying other aspects of the UK’s overarching economic security strategy, drawing together numerous statements and sectoral strategies in a limited number of pillars. Importantly, the underlying strategy has stood up well so far to scrutiny by the UK courts.
Key challenges
But the new UK strategy also illustrates the key challenges the UK and other western countries face going forward.
These include the growing range and complexity of sanctions – the UK already has 36 live sanction regimes under the Sanctions and Money Laundering Act of 2018 – and the need to resolve sometimes conflicting objectives, for example, between speed of action and accuracy of targeting.
They also include making difficult judgments over whether and how to apply secondary sanctions so as to minimise unintended consequences, and the requirement to maintain a common front with close partners while allowing for diverging economic costs and risks between countries.
Maximising effectiveness
Faced with these challenges, it will be particularly important for the UK and G7 to abide by three principles.
First, when designing or updating a sanctions regime, it is vital to maintain clarity of purpose on what the sanctions being deployed are intended to achieve in the case in question.