Legal Guidance and Research / Experts / John Binns
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John Binns

BCL Solicitors LLP
I have specialised in financial crime since 2006, having first qualified into a criminal legal aid firm and served a short sentence as a policy adviser to the criminal legal aid scheme. I have successfully defended in a number of major fraud trials, but nowadays specialise in helping corporate clients with the knottier issues involved in the Proceeds of Crime Act and related laws, as well as advising corporates and individuals in connection with criminal investigations and financial sanctions. I write and present a lot on these and related issues, and was an expert witness in the House of Lords on the impact of Brexit on criminal investigations. 

Practice Areas

Panels

  • Consulting Editorial Board
  • Contributing Author

Qualified Year

  • 2000

Experience

  • Corker Binning (2006 - 2009)
  • Legal Services Commission (2003 - 2006)
  • Victor Lissack, Roscoe and Coleman (1998 - 2003)

Membership

  • Proceeds of Crime Lawyers Association (Committee)
  • Anti-Money Laundering Professionals Forum (Speaker)
  • Fraud Lawyers Association

Qualifications

  • 1996 MPhil Criminology
  • 1995 LLB Law

Education

  • 1997–1998 College of Law (London)
  • 1995–1996 University of Cambridge
  • 1992–1995 King’s College London

9 Contributions by John Binns

A practitioner’s guide to challenging UK sanctions designations under SAMLA 2018: ministerial review, judicial review, closed material procedure, proportionality and UN listings
PRACTICE NOTES
A practitioner’s guide to challenging UK sanctions designations under SAMLA 2018: ministerial review, judicial review, closed material procedure, proportionality and UN listings
This Practice Note sets out how to challenge designations made under the UK’s domestic sanctions regime created by the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Introduced to secure a robust post-EU sanctions framework, SAMLA 2018 enables the UK to apply financial, immigration, trade, aircraft, shipping and other sanctions necessary to meet United Nations (UN) sanctions obligations. UK sanctions established under SAMLA 2018 that replaced EU or UN measures came fully into effect at the end of the implementation period (IP completion day). For further guidance, see Practice Note: Development of sanctions regime in the UK post Brexit—timeline. For information on the UK domestic regime under SAMLA 2018, see Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. The impact of a sanctions designation Sanctions designations can—indeed, are intended to—cause significant detrimental effects for those to whom they apply (‘designated persons’)...
Corporate Crime
A practitioner’s guide to the UK sanctions regime under SAMLA 2018: designations, ownership and control, director disqualification, licences, reporting and enforcement (OFSI/OTSI)
PRACTICE NOTES
A practitioner’s guide to the UK sanctions regime under SAMLA 2018: designations, ownership and control, director disqualification, licences, reporting and enforcement (OFSI/OTSI)
This Practice Note outlines the UK’s financial and trade sanctions framework created by the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Introduced to provide a resilient domestic system after Brexit, it allows the UK to impose a comprehensive range of sanctions to meet UN sanctions obligations, including: financial sanctions director disqualification sanctions immigration sanctions trade sanctions aircraft sanctions shipping sanctions other sanctions What is the background to the UK’s domestic sanctions regime? ‘Sanctions’ describes a set of tools intended to create adverse effects for foreign states or designated persons (individuals or corporate entities) for specified aims—most often foreign policy, and sometimes counter-terrorism. These measures place prohibitions and obligations not only on the targets themselves, but also on third parties who trade with, or otherwise deal with, them. For detailed guidance, see Practice Note: International sanctions—an introduction—What are sanctions? Historically, the majority of UK regimes stemmed from the European Union. EU Regulations had direct effect in Member States, with criminal enforcement and licensing frameworks implemented through UK regulations made under the European Communities Act 1972 (ECA 1972)...
Corporate Crime
Enforcement of UK financial sanctions: detection and reporting routes, FCA/SRA oversight, OFSI’s EAS, disclosure notices, civil penalties and criminal prosecution
PRACTICE NOTES
Enforcement of UK financial sanctions: detection and reporting routes, FCA/SRA oversight, OFSI’s EAS, disclosure notices, civil penalties and criminal prosecution
The Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) forms the UK’s home-grown sanctions architecture. Refer to Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. When advising on breaches and enforcement, advisers should consult the particular sanctions statutory instrument to verify the applicable bans, carve-outs and enforcement powers for that regime. This confirms the scope of prohibitions, any exclusions, and the enforcement mechanisms relevant to that particular regime. Always anchor advice to the instrument in force at the time. Who is responsible for enforcing financial sanctions in the UK? Within the UK, financial sanctions are enforced by the Office of Financial Sanctions Implementation (OFSI), a division of HM Treasury. OFSI’s function is to oversee and implement financial sanctions nationwide. Broadly, ‘financial sanctions’ covers naming persons and entities, and placing restrictions on undertaking financial dealings with them. For details on financial sanctions, see Practice Notes: Understanding the financial sanctions regime; Licences and exemptions in financial sanctions; and Financial sanctions—offences. Other categories of sanctions under SAMLA 2018 are administered and enforced by different government departments. For background, see Practice Notes: International sanctions—an introduction; Understanding the UK trade sanctions regime; and Export controls—requirement for an...
Corporate Crime
Sanctions designations across UN, UK (SAMLA 2018 and terrorism powers) and EU: listing and de‑listing processes, legal effects, reporting obligations, and routes of challenge
PRACTICE NOTES
Sanctions designations across UN, UK (SAMLA 2018 and terrorism powers) and EU: listing and de‑listing processes, legal effects, reporting obligations, and routes of challenge
Sanctions designations are a principal tool through which the UN, the UK and the EU restrict the conduct of individuals and entities linked to threats to international peace, security, or other stated objectives. Once a person is listed, measures—most often asset freezes and curbs on providing funds or economic resources—apply automatically. In the UK, ministers are empowered to create and operate sanctions regimes under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Internationally, the UN Security Council identifies targets via its listing procedures, while the EU adopts both UN-mandated and EU‑autonomous measures using its own legislative processes. This Practice Note outlines how designations work across these systems, the consequences for those subject to restrictions, and the routes available to challenge or seek removal from a list. For information about SAMLA 2018, see Practice Notes: International sanctions—an introduction, The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force What are designations? When a person (an individual, other bodies with legal personality (such as companies), as well as organisations, associations or groups of persons) is the target of a sanctions regime, they become designated...
Corporate Crime
UK Global Anti-Corruption Sanctions Regime: scope, designations, prohibitions, licensing, reporting, enforcement and compliance guidance, including director disqualification and travel bans
PRACTICE NOTES
UK Global Anti-Corruption Sanctions Regime: scope, designations, prohibitions, licensing, reporting, enforcement and compliance guidance, including director disqualification and travel bans
Financial sanctions seek to shape conduct. The UK runs a global anti-corruption sanctions regime to prevent and combat serious corruption. This Practice Note outlines the scope of that regime under the Global Anti-Corruption Sanctions Regulations 2021, SI 2021/488. It sets out the targeted activities, the sanctions available, who falls within scope, and guidance from the Office of Financial Sanctions Implementation (OFSI). It also highlights practical issues for businesses. For the statutory purposes for sanctions under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018), the duty to publish guidance, and how designations are made, varied and enforced, see Practice Note: The UK sanctions framework under SAMLA 2018. Key information The Global Anti-Corruption Sanctions Regulations 2021, SI 2021/488 permit financial measures and travel bans on persons involved in serious corruption. They replace the Misappropriation (Sanctions) (EU Exit) Regulations 2020, SI 2020/1468, which concerned misappropriation of state funds from any country outside the UK, and apply more broadly. Measures include: Financial sanctions Immigration sanctions Trade sanctions Transport sanctions...
Practice Compliance
UK Global Human Rights (Magnitsky) Sanctions Regime: designations, prohibitions, licensing, reporting obligations, director disqualification, travel bans and enforcement under SAMLA 2018 (OFSI/FCDO guidance)
PRACTICE NOTES
UK Global Human Rights (Magnitsky) Sanctions Regime: designations, prohibitions, licensing, reporting obligations, director disqualification, travel bans and enforcement under SAMLA 2018 (OFSI/FCDO guidance)
On 6 July 2020, the UK unveiled its first autonomous sanctions regime under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). The Global Human Rights Sanctions Regulations 2020 (the human rights sanctions regime), SI 2020/680, empower the UK to establish sanctions regimes designed to ensure accountability for, or to deter, ‘gross violations of human rights’. These measures are commonly known as ‘Magnitsky sanctions’. This Practice Note sets out the scope of the UK’s global human rights sanctions regime. It details the activities the regime targets, the sanctions available, who is within scope, and the guidance issued by the Office of Financial Sanctions Implementation (OFSI). It also addresses practical considerations for businesses. For material on the statutory purposes for creating sanctions regimes under SAMLA 2018, the obligations to publish guidance on those regimes, and how designations can be made, varied and enforced, see Practice Note: The UK sanctions framework under SAMLA 2018. Key information The Global Human Rights Sanctions Regulations 2020, SI 2020/680, permit the imposition of financial sanctions and travel bans to deter, and provide accountability for, activities which, if undertaken by or on behalf of a State, would...
Corporate Crime
UK life sciences: corporate crime and bribery risks, inducements and hospitality rules, ECCTA 2023 failure to prevent fraud, and enforcement
PRACTICE NOTES
UK life sciences: corporate crime and bribery risks, inducements and hospitality rules, ECCTA 2023 failure to prevent fraud, and enforcement
The criminal regulatory landscape How does criminal law intersect with the life sciences industry? The points of contact are numerous. Beyond offences against the person and controlled drugs offences, a range of corporate or ‘white collar’ crimes can affect both individuals and companies, such as counterfeiting, criminal cartel offences, money laundering, fraud and bribery. Breaches of the sector’s regulatory framework-including rules on medical devices, and on inducements and hospitality-can equally give rise to criminal liability. Criminal investigations and prosecutions may, though do not invariably, follow. This Practice Note outlines how criminal law may operate in the life sciences arena. It addresses corporate crime liability, money laundering, fraud, anti-bribery, and inducements and hospitality in the promotion of medicinal products and medical devices, as well as enforcement. It also examines the effects of, and duties created for, life sciences businesses by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), which comes into force from September 2025. In 2016, a report by Transparency International, the anti-corruption organisation, identified pervasive corruption within the pharmaceutical sector as a global concern that jeopardises public...
Life Sciences
UK mutual legal assistance for asset restraint and confiscation under POCA 2002 and SI 2005/3181: non‑EU and EU‑TCA requests, orders, enforcement, appeals and cryptoasset civil recovery
PRACTICE NOTES
UK mutual legal assistance for asset restraint and confiscation under POCA 2002 and SI 2005/3181: non‑EU and EU‑TCA requests, orders, enforcement, appeals and cryptoasset civil recovery
Mutual legal assistance in restraint and confiscation proceedings Mutual legal assistance treaties (MLAT) typically oblige signatory states to help with the restraint and confiscation of criminal proceeds. In the UK, the MLAT restraint/confiscation framework sits in Part 11 of the Proceeds of Crime Act 2002 (POCA 2002), which also contains the domestic restraint/confiscation schemes in POCA 2002, Parts 2–4. Sections 444 and 445 of POCA 2002 empower UK law enforcement bodies to make secondary legislation so that requests from foreign authorities for help with identifying, recovering, investigating, freezing, confiscating and forfeiting the proceeds of crime can be acted upon, and to give effect to such requests. For an overview of the power to craft secondary legislation under these provisions, and of the secondary legislation implemented pursuant to them, see Practice Note: POCA 2002—external investigations, requests and orders—introduction. Exercising the power in POCA 2002, section 444, the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, SI 2005/3181 (the 2005 Order) establishes the route for domestic enforcement within the UK of overseas restraint and confiscation orders, or their equivalents, and provides the mechanism for doing so...
Corporate Crime
Enforcement bodies for UN and UK sanctions under SAMLA 2018—flowchart
FLOWCHARTS
Enforcement bodies for UN and UK sanctions under SAMLA 2018—flowchart
Flowchart This flowchart offers a concise overview of the tax considerations that could prompt a company to select a specific route to demerger. The terms and expressions used in the flowchart are set out in the Practice Notes on demergers, as follows: Demergers—an introduction to the tax issues Statutory demergers Capital reduction demergers Liquidation demergers For a PDF version, please click below...
Corporate Crime
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