The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 577
Exiting The European Union
Sanctions
The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019
Made 14th March 2019
Laid before Parliament 15th March 2019
Coming into force in accordance with regulation 1(2)
The Treasury1, in exercise of the powers conferred by sections 1(1)(a) and (c) and (3), 3(1)(a), (b)(i) and (d)(i), 9(2)(a), 10(2)(a), (3) and (4), 11(2) to (9), 15(2)(a) and (b), (3)(a), (b), (d), (f), (g) and (h) and (6), 16(1)(a), (b), (c) and (e), (2) and (3)(a), 17(2)(a), (b)(i) and (c), (3) to (5) and (8), 21(1), 54(1) and (2), 56 and 62(4) and (5) of the Sanctions and Anti-Money Laundering Act 20182, and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations:
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019.
(2) These Regulations come into force in accordance with regulations made by the Treasury under section 56 of the Act.
Interpretation
2. In these Regulations—
“the Act” means the Sanctions and Anti-Money Laundering Act 2018;
“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of the Schedule for the meaning of that term in the Schedule);
“conduct” includes acts and omissions;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“resolution 1373” means resolution 1373 (2001) adopted by the Security Council on 28 September 2001;
“Treasury licence” means a licence under regulation 19(1);
“United Kingdom person” has the same meaning as in section 21 of the Act.
Application of prohibitions and requirements
3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.
(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.
(3) In paragraphs (1) and (2), a “relevant prohibition” means any prohibition imposed—
(a)
(a) by regulation 9(2) (confidential information),
(b)
(b) by Part 3 (Finance), or
(c)
(c) by a condition of a Treasury licence.
(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.
(5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.
(6) In paragraphs (4) and (5), a “relevant requirement” means any requirement imposed—
(a)
(a) by or under Part 5 (Information), or by reason of a request made under a power conferred by that Part, or
(b)
(b) by a condition of a Treasury licence.
(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.
Purposes
4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—
(a)
(a) compliance with the relevant UN obligations, and
(b)
(b) the additional purposes mentioned in paragraph (2).
(2) Those additional purposes are—
(a)
(a) the prevention of terrorism3in the United Kingdom or elsewhere otherwise than by compliance with the relevant UN obligations; and
(b)
(b) the interests of national security.
(3) In this regulation, “the relevant UN obligations” means the obligations the United Kingdom has by virtue of paragraphs 1 and 2 of resolution 1373.
PART 2
Designation of persons
Power to designate persons
5. The Treasury may designate persons4by name for the purposes of regulations 11 to 15 (asset-freeze etc.).
Designation criteria
6.—(1) The Treasury may not designate a person under regulation 5 unless the Treasury—
(a)
(a) have reasonable grounds to suspect that that person is an involved person, and
(b)
(b) consider that the designation of that person is appropriate, having regard to—
(i) the purposes stated in regulation 4, and
(ii) the likely significant effects of the designation on that person (as they appear to the Treasury to be on the basis of the information that the Treasury have).
(2) In this regulation, an “involved person” means a person who—
(a)
(a) is or has been involved in terrorist activity,
(b)
(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,
(c)
(c) is acting on behalf of or at the direction of a person who is or has been so involved, or
(d)
(d) is a member of, or associated with, a person who is or has been so involved.
(3) Any reference in this regulation to being involved in terrorist activity includes being so involved in whatever way and wherever any actions constituting the involvement take place and in particular includes—
(a)
(a) being responsible for, engaging in or providing support for, the commission, preparation or instigation of acts of terrorism;
(b)
(b) providing financial services, or making available funds or economic resources, for the purposes of terrorism;
(c)
(c) facilitating, promoting or encouraging terrorism;
(d)
(d) providing or receiving training for the purposes of terrorism;
(e)
(e) travelling or attempting to travel from or into the relevant territory for the purposes of terrorism;
(f)
(f) carrying out recruitment activities for a person involved in terrorism;
(g)
(g) being responsible for, engaging in, being complicit in, providing support for, or promoting, the abduction, enslavement, forced marriage or rape of, or sexual violence against, persons outside the relevant territory on behalf of, or in the name of, a person who is involved in terrorism;
(h)
(h) supporting or assisting any person who is known or believed by the person concerned to be involved in any activity mentioned in sub-paragraphs (a) to (g); or
(i)
(i) being involved in assisting the contravention or circumvention of any relevant provision.
(4) In this regulation, “carrying out recruitment activities” means—
(a)
(a) soliciting another person to—
(i) become a member of a person, other than an individual, involved in terrorism, or
(ii) participate in any act by, in conjunction with, in the name of, on behalf of or in support of a person involved in terrorism;
(b)
(b) soliciting or otherwise procuring funds for the purpose of financing the travel of a person solicited as mentioned in sub-paragraph (a);
(c)
(c) organising, providing support for or otherwise facilitating the travel of a person solicited as mentioned in sub-paragraph (a).
(5) In this regulation—
being “associated with” a person includes pledging allegiance in whatever way to that person;
“promoting or encouraging” terrorism includes a reference to a person who promotes or encourages terrorism within the meaning of section 3 of the Terrorism Act 20005;
“relevant provision” means—
(a) any provision of Part 3;
(b) any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3;
“relevant territory” means the United Kingdom and the territory of the Member States of the European Union.
(6) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.
Meaning of “owned or controlled directly or indirectly”
7.—(1) A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).
(2) The first condition is that P—
(a)
(a) holds directly or indirectly more than 50% of the shares in C,
(b)
(b) holds directly or indirectly more than 50% of the voting rights in C, or
(c)
(c) holds the right directly or indirectly to appoint or remove a majority of the board of directors of C.
(3) The Schedule contains provision applying for the purpose of interpreting paragraph (2).
(4) The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and, whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P’s wishes.
Notification and publicity where designation power used
8.—(1) Paragraph (2) applies where the Treasury—
(a)
(a) have made a designation under regulation 5, or
(b)
(b) have by virtue of section 22 of the Act varied or revoked a designation made under that regulation.
(2) The Treasury—
(a)
(a) must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and
(b)
(b) must take steps to publicise the designation, variation or revocation.
(3) The information given under paragraph (2)(a) where a designation is made must include a statement of reasons.
(4) In this regulation, a “statement of reasons”, in relation to a designation, means a brief statement of the matters that the Treasury know, or have reasonable grounds to suspect, in relation to the designated person which have led the Treasury to make the designation.
(5) Matters that would otherwise be required by paragraph (4) to be included in a statement of reasons may be excluded from it where the Treasury consider that they should be excluded—
(a)
(a) in the interests of national security or international relations,
(b)
(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
(c)
(c) in the interests of...
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