Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022

Stephen Doughty Excerpts

Monday 23rd January 2023 General Committees

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to serve under your chairpersonship, Dame Caroline. I thank the Minister for setting out to the Committee the details of the latest expansion of our sanctions regime.

Last week, it was a pleasure to speak on behalf of the Opposition in support of Ukraine in the debate on Russian strategy and to hear comments that I am sure will be reflected by all Members in Committee about how we as a Parliament and a country continue to affirm our solidarity with Ukraine, and how we want to ensure that it wins the war and Putin, his cronies and all those who abet his illegal and barbarous war in Ukraine feel the walls closing in. Our sanctions regime is one of the most critical weapons in that arsenal. As with the other sanctions measures that we have debated over many weeks and months, the Opposition will not oppose the regulations or seek to divide the Committee, because we support them.

Before I come to specific questions on the detail set out by the Minister, I will ask a couple of related questions, particularly because she referred to the need to close loopholes in financial and money market instruments, investments and others, and to the potential evasion of sanctions regimes. These first questions are about cryptocurrencies, to which she did not refer. We have raised the matter in previous Committees that have discussed sanctions.

At the most recent such Committee sitting, my colleague, my hon. Friend the Member for Hornsey and Wood Green (Catherine West), stood in for me and, afterwards, a letter she received from the Minister said that

“the Government and UK authorities are actively monitoring the use of cryptoassets to detect potential instances of sanctions evasion and stand ready to act.”

I see no new measures on cryptocurrencies in the regulations, nor in the Economic Crime and Corporate Transparency Bill, which is also going through Parliament.

As I have relayed to other Ministers on many occasions, Tornado Cash and Blender—so-called cryptocurrency mixers—have both been sanctioned by the United States. The former has allegedly been used to launder more than $7 billion-worth of virtual currency since its creation, just in 2019. It has been used by a number of regimes around the world, including North Korea. It is believed that Russia is also using such measures to evade sanctions, particularly on financial transactions. Given that the US Treasury has imposed sanctions, that no new measure is in the statutory instrument today, and that both are still not on our sanctions list as of 17 January, why is that the case? It is really important—as we have heard in many debates on these issues—that the United States, the UK, the European Union and other allies supporting Ukraine make sure that there are no loopholes and gaps for Russian assets to escape the sanctions regime. I hope that the Minister will answer that.

Another issue that I have raised in every single one of these sanctions debates is the repurposing of frozen assets to support Ukraine. Last week, the Minister said in the Chamber that the Government would “look at all options”, and I had a similar comment in a letter that I received. Last week, I heard again and again at the Ukraine conference that I attended in Davos—I will draw attention to my declaration in due course on that visit—“Why are we not repurposing frozen assets?” Countries including the UK have done well at freezing, but we now have to turn that into support for Ukraine, given the huge costs of supporting its economy, of reconstruction and of continuing to defend itself against Russian aggression. Will the Minister set out where conversations on that are in Government and whether we might expect to hear announcements in due course?

The issue of Rosatom has also been raised with me, and whether individuals involved in Rosatom are covered by these regulations or by other existing sanctions. Perhaps the Minister can say a little about that or, if not, write to me, because although that is the Russian Atomic Energy Agency, individuals will, without doubt, have resources and assets in the UK and other countries across Europe.

Turning to the substance of what the Minister set out, Labour fully supports the steps being taken to limit further the access that designated persons have to key financial services. A prohibition on providing services related to trusts for the benefit of designated persons and closing loopholes pertaining to loans and money market instruments are prudent steps to take to sever every tether with which those designated under our regime might seek to exploit gaps to retain their wealth or obscure it.

The Opposition welcome the fact that the Government are closing further loopholes on oil production and mining equipment, as well as establishing further chemical restrictions. However, can the Minister set out the value of that kind of equipment that designated individuals have obtained since the invasion began, but prior to the loopholes being closed? I ask because although we welcome the sealing of any loopholes or gaps—and obviously, our sanctions regime is a work in progress—we are nearly a year into this terrible conflict. If we have identified that loophole, why has it taken until now to close it?

Finally, further limiting designated persons’ access to auditors, advertisers, engineers and architects is critical in inhibiting their capacity to run and manage lucrative businesses, and it is a welcome step to further prohibit access to information technology consultancy. By undermining designated persons’ access to such services, those aligned with Russia will hopefully and indelibly learn that waging war alongside Putin ends only one way: with Russia and them isolated, economically wounded and out in the cold.

As I said, we will not seek to oppose these measures. We broadly welcome all steps to increase and broaden sanctions on Russia for its barbarous war in Ukraine. We have to look only at some of the atrocities of recent weeks to see why those responsible—Putin, Russia and their allies, aiders and abetters—need to face the full force of our sanctions regime.

--- Later in debate ---

[Anne-Marie Trevelyan]

I thank all the Committee members for their contributions, and I will do my best to answer their questions; if I cannot do so now, I will make sure that we write to them.

In response to the hon. Member for Cardiff West, the statutory instrument does affect UK citizens with shares in Russian companies. I hear his point about companies that continue to operate in Russia. Of course, many companies have stepped away or are stepping away, where they are able to do so. Clearly, that brings in another layer of services, particularly, that are no longer viable for export. I will take away the point about the company that he identified and get back to him more formally on that. We see a continuing move across the piece of British companies and others making decisions for themselves.

On the question from the hon. Member for Cardiff South and Penarth about cryptocurrencies, the UK’s financial sanctions cover funds and economic resources of every type, including crypto, so they are all-encompassing. The Office of Financial Sanctions Implementation has recently imposed monetary penalties against some fintech firms. I am happy to get more details for him.

[Stephen Doughty]

That is reassuring. However, the US Treasury took steps in August to sanction mixers, which effectively jumble up different cryptocurrency transactions to avoid transparency, whereas the UK, as yet, has not. Will the Minister write to me about what is happening and why that has still not happened?

[Anne-Marie Trevelyan]

I am happy to commit to do that. As the hon. Gentleman is aware, we do not comment on areas or individuals that we may be looking to sanction for obvious reasons, but I will happily get back to him on those specifics.

In relation to asset seizures, a big piece of work is ongoing. We are considering all the options around seizing Russian-linked assets and how they could be used to support the people of Ukraine, including funding humanitarian efforts and contributing to the reconstruction of the country.

[Stephen Doughty]

That is reassuring to hear as well. I hope that the Minister will, in discussion with her ministerial colleagues, look at the example of Canada, which has introduced new legislation recently. There is also a historical example: after the first Gulf war, we took a share of the profits of all companies there to help with the reconstruction of Kuwait.

[Anne-Marie Trevelyan]

The hon. Member is right: some international partners are looking to test both the freezing and the potential seizure of assets. None of those is fully tested for their lawfulness yet, and we are watching and supporting our allies, who are testing their own legal systems. We want to ensure that we work closely with Government Departments and our law enforcement agencies to identify all possible options and work that through.

On the hon. Member’s point about Kuwait, that decision was taken after the end of the war. We want to continue to work internationally to come up with options that will be viable as and when this terrible war ends, but, for now, we continue to work to see how we can pull together a package that we know would stand up in a court of law.

I hope that these measures give confidence that we are continuing our wave of sanctions, which are having real, damaging consequences to Putin’s regime, and we will commit to going further. We continue to watch where and how we might effectively continue to put on pressure to encourage Putin to end his appalling and aggressive war. We stand firm and resolute with the people of Ukraine. We will continue to support them and the Ukrainian Government until Putin and Russia withdraw from Ukraine. I hope that the Committee will support these regulations.

Question put and agreed to.