Daniel Martin
Daniel advises traders, shipowners, freight forwarders, insurers and brokers on a host of regulatory and compliance issues, including international trade sanctions, export controls, customs and anti-corruption legislation. He advises on all aspects of the EU and UK sanctions legislation, and he is also familiar with the application of US sanctions to non-US persons.
Daniel also advises clients on disputes arising from charterparties, sale contracts, bills of lading, marine insurance and logistics operations, and he uses that experience and expertise to provide detailed, practical advice which is tailored to clients in the commodities, shipping, logistics and marine insurance sectors.
As well as advice on dispute resolution, customs and regulatory compliance (including ways to engage effectively with HMRC and other regulators), he also advises on compliance procedures and controls which traders, shipowners, logistics companies, banks, insurers and brokers should adopt to minimise risk.
Acritas Star Lawyers describes Daniel as “Down to earth, commercially minded, understands my business and thinking outside the box.”
Practice Area
Panel
- Contributing Author
Qualified Year
- 2001
Qualification
- LLB (1997)
Education
- University of Cambridge (1994 -1997)
2 Contributions by Daniel Martin
PRACTICE NOTES
Sanctions in UK insurance policies: LMA 3100A/3200 drafting and operation, reinsurance impacts, secondary sanctions, payment suspension and cancellation, and key case law
The Practice Note titled UK financial and trade sanctions for insurers sets out which sanctions affect insurers, what those measures involve, how the Financial Conduct Authority oversees compliance, and the screening and due diligence insurers should implement. It delves further into policy wording—especially how sanctions interact with insurance contracts and the purpose of sanctions clauses.
Lloyd's Market Association Sanctions Clauses
The Note concentrates on the market-standard formulations: the Lloyd’s Market Association (LMA) 3100A clause (LMA 3100A) and the LMA 3200 clause (LMA 3200). These were issued in October 2023 following an LMA consultation on the LMA 3100 clause first published in 2010. LMA 3100A keeps the LMA 3100 wording, but its title removes the words ‘and exclusion’ to indicate the clause pauses, rather than removes, cover. Under LMA 3100A, the Sanctions Limitation Clause provides that no (re)insurer is taken to provide cover, nor be liable to pay any claim or confer any benefit, to the extent that doing so would amount to the provision of such cover...
Insurance & Reinsurance
PRACTICE NOTES
UK financial and trade sanctions for insurers: post‑Brexit framework, OFSI/OTSI/FCA enforcement, screening and due diligence
Insurers must negotiate a patchwork system of financial and trade sanctions.
Within the UK, HM Treasury leads on the financial sanctions regime, operating via the Office of Financial Sanctions Implementation (OFSI). Trade sanctions sit with the Department for Business and Trade, delivered through the Export Control Joint Unit (overseeing the UK’s export control system) and the Office of Trade Sanctions Implementation (OTSI), which handles civil enforcement of most trade sanctions linked to the movement of goods involving UK firms that do not cross the UK border). The Department for Transport manages shipping-related measures, while the Foreign, Commonwealth and Development Office sets the UK’s overarching sanctions policy. UK trade and financial sanctions reflect United Nations Security Council decisions, alongside unilateral UK listings and measures with equivalent effect to financial sanctions, including those made under the Anti-terrorism, Crime and Security Act 2001. The overarching framework stems from the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Specific regimes and enforcement rules are put in place through statutory instruments made under SAMLA 2018. An example...
Insurance & Reinsurance
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