Variation Of Petr Aven Freezing Orders Quashed

The High Court of England and Wales (Collins Rice J) has overturned a decision to vary rather than set aside two AFOs obtained by the National Crime Agency ("NCA") against two UK-registered companies providing domestic and security services to Petr Aven, who was sanctioned by the UK on 15 March 2022, following his being sanctioned by the EU on 28 February 2022.

The decision clarifies that a court deciding whether to set aside or vary an AFO must apply an approach that takes into account all the circumstances (including factors to consider when the applicant is sanctioned) and that is faithful to the statutory wording.

Background

In or around the date of Mr Aven's sanction(s), the NCA was alerted to "unusual" activity in nine UK bank accounts held by persons connected to Mr Aven, including accounts of the Companies. The NCA obtained AFOs from the Magistrates Court in accordance with the Proceeds of Crime Act 2002 ("POCA"), immediately freezing the funds in each