July 18, 2023

FCA reminds UK issuers of sanctions obligations

The UK Financial Conduct Authority has published guidance to help issuers comply with the FCA’s reporting requirements for listing transactions insofar as the Russia and Belarus sanctions regulations — The Russia (Sanctions)(EU Exit) Regulations 2019 SI 2019/855 as amended, and The Republic of Belarus (Sanctions)(EU Exit) Regulations 2019 SI 2019/600 as amended — are concerned.

Issuers are reminded of the requirement to confirm, when applying to the FCA for eligibility reviews, individual guidance, the admission or amendment of securities to the Official List, or the review and approval of documents under the listing or prospectus rules, that they are not affected by the Russia or Belarus sanctions regulations.  Without such confirmation, the FCA will not begin its review of the proposed transaction or process.  Issuers must also inform the FCA of any change that could render the confirmation invalid.

Advisers are reminded to consult the regulations in order to comply with applicable restrictions on the provision of professional and business services.

Finally, the FCA notes that the responsibility for enforcing asset freezes and sanctions lies with the Office of Financial Sanctions Implementation, not with the FCA, and that inquiries about these topics should be addressed to OFSI.

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