The Mali (Sanctions) (EU Exit) Regulations 2020
| Year | 2020 |
2020 No. 705
Exiting The European Union
Sanctions
The Mali (Sanctions) (EU Exit) Regulations 2020
Made 7th July 2020
Laid before Parliament 9th July 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State1, in exercise of the powers conferred by sections 1(1)(a) and (c) and (3), 3(1)(a) and (d)(i), 4, 9(2), 10(2)(a) and (c), (3) and (4), 11, 13, 15(2)(a) and (b), (3), (4)(b), (5) and (6), 16, 17(2) 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 Mali (Sanctions) (EU Exit) Regulations 2020.
(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Act.
Interpretation
2. In these Regulations—
“the Act” means the Sanctions and Anti-Money Laundering Act 2018;
“the Agreement on Peace and Reconciliation in Mali” means the Agreement on Peace and Reconciliation in Mali done at Bamako on 15 May 20153;
“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);
“the Committee” means the Committee of the Security Council established in accordance with paragraph 9 of resolution 2374;
“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;
“the EU Mali Regulation” means Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali4, as it has effect in EU law;
“humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities in Mali for the benefit of the civilian population there;
“Mali” means the Republic of Mali;
“resolution 2374” means resolution 2374 (2017) adopted by the Security Council on 5 September 2017;
“serious human rights violation or abuse” means a serious violation or abuse of any of the human rights specified in regulation 4(2)(g);
“Treasury licence” means a licence under regulation 22(1);
“United Kingdom person” has the same meaning as in section 21 of the Act.
Application of prohibitions and requirements outside the United Kingdom
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 this regulation, a “relevant prohibition” means any prohibition imposed by—
(a)
(a) regulation 9(2) (confidential information),
(b)
(b) Part 3 (Finance), or
(c)
(c) 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 this regulation, a “relevant requirement” means any requirement imposed—
(a)
(a) by or under Part 6 (Information and records), 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 promoting—
(a)
(a) the peace, stability and security of Mali,
(b)
(b) the implementation of the Agreement on Peace and Reconciliation in Mali,
(c)
(c) respect for—
(i) local, regional and state institutions in Mali,
(ii) the Malian defence and security forces, and
(iii) the governance or implementation mechanisms referred to in, or established in accordance with, the Agreement on Peace and Reconciliation in Mali,
(d)
(d) the effective delivery of the mandates of the international security, peace-support and capacity-building missions and mechanisms in Mali, including—
(i) the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA)5;
(ii) the Panel of Experts established in accordance with paragraph 11 of resolution 23746;
(iii) the G5 Sahel Joint Force7;
(iv) the European Union Training Mission Mali (EUTM Mali)8;
(v) the European Union CSDP mission in Mali (EUCAP Sahel Mali)9;
(vi) French forces10,
(e)
(e) respect for humanitarian assistance activity in Mali,
(f)
(f) compliance with the rules of international humanitarian law applicable to the armed conflicts in Mali, and
(g)
(g) respect for human rights in Mali, including, in particular, respect for—
(i) the right to life of persons in Mali;
(ii) the right of persons in Mali not to be held in slavery or required to perform forced or compulsory labour;
(iii) the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Mali;
(iv) the right to liberty and security of persons in Mali, including freedom from arbitrary arrest or detention, or enforced disappearance;
(v) the right to a fair trial of persons charged with criminal offences in Mali;
(vi) the right of journalists, human right defenders, civil society activists and other persons in Mali to freedom of expression and peaceful assembly;
(vii) the enjoyment of rights and freedoms in Mali without discrimination, including on the basis of a person’s sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status,
otherwise than by compliance with the relevant UN obligations.
(3) In this regulation, “the relevant UN obligations” means—
(a)
(a) the obligations that the United Kingdom has by virtue of paragraph 4 of resolution 2374 (asset-freeze etc.)11to take the measures required by that provision in respect of persons12for the time being named for the purposes of that provision by the Security Council or the Committee;
(b)
(b) the obligations that the United Kingdom has by virtue of paragraph 4 of resolution 2374 in respect of persons—
(i) acting on behalf of or at the direction of, or
(ii) owned or controlled by,
the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 4 of resolution 2374.
(4) In this regulation, any reference to the obligations that the United Kingdom has by virtue of paragraph 4 of resolution 2374 is to that provision read with paragraph 8 of resolution 2374.
PART 2
Designation of persons
Power to designate persons
5.—(1) The Secretary of State may designate persons by name for the purposes of any of the following—
(a)
(a) regulations 12 to 16 (asset-freeze etc.);
(b)
(b) regulation 18 (immigration).
(2) The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1).
Designation criteria
6.—(1) The Secretary of State may not designate a person under regulation 5 (power to designate persons) unless the Secretary of State—
(a)
(a) has reasonable grounds to suspect that that person is an involved person, and
(b)
(b) considers that the designation of that person is appropriate, having regard to—
(i) the purposes stated in regulation 4 (purposes), and
(ii) the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).
(2) In this regulation an “involved person” means a person who—
(a)
(a) is or has been involved in a relevant 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) In this regulation a “relevant activity” means—
(a)
(a) failing to comply with or to implement, including through prolonged delay, the Agreement on Peace and Reconciliation in Mali;
(b)
(b) engaging in armed hostilities in violation of the Agreement on Peace and Reconciliation in Mali;
(c)
(c) an attack against, or obstruction of the activities of—
(i) diplomatic personnel in Mali,
(ii) personnel undertaking humanitarian assistance activity in Mali, or
(iii) the institutions, bodies, missions and mechanisms falling within regulation 4(2)(c) and (d);
(d)
(d) obstruction of the delivery or distribution of, or access to, humanitarian assistance in Mali;
(e)
(e) the commission of a serious human rights violation or abuse, or violation of international humanitarian law, in Mali including, in particular, in relation to—
(i) extrajudicial killing or maiming and other forms of torture;
(ii) rape and other forms of sexual and gender-based violence;
(iii) deliberate targeting of civilians, schools, hospitals, religious sites or locations where civilians are seeking refuge;
(iv) forced displacement of civilians;
(v) recruitment or use of children in the context of the armed conflicts in Mali;
(f)
(f) the production in Mali of narcotic drugs and their precursors;
(g)
(g) the...
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