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Sanctions and Anti-Money Laundering Act 2018

Type Public General Act

Publication 2018-05-23

Last updated 2025-10-16

State In force

Department Statute Law Database

Source legislation.gov.uk

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Temporary powers in relation to EU sanctions lists

34

(1) This section applies where—

(a) a provision of retained EU sanctions law relates to persons named in any Annex, instrument or other document, or

(b) a provision of an instrument made by the Council of the European Union (however expressed) requires or recommends that persons named, or of a description specified, in that instrument or any other document must not or should not be admitted to the United Kingdom (see section 8B of the Immigration Act 1971).

(2) An Annex, instrument or other document mentioned in subsection (1)(a) or (b) is an “EU sanctions list” for the purposes of this section.

(3) An appropriate Minister may, in respect of any EU sanctions list—

(a) direct that a person's name is to be treated as added to the list with effect from a date specified in the direction, or

(b) direct that a person's name is to be treated as removed from the list with effect from a date specified in the direction.

(4) The giving of a direction under paragraph (a) or (b) of subsection (3) does not prevent the giving of any subsequent direction under either of those paragraphs in respect of the same person.

(5) The power to give a direction under this section is not exercisable after two years beginning with the day on which this section comes into force.

(6) In this section “a provision of retained EU sanctions law” means a provision of retained EU law which corresponds to any provision that by virtue of any of sections 3 and 5 to 7 could be made by regulations under section 1 in relation to designated persons.

(7) Section 35 makes further provision about directions under this section.

Directions under section 34: further provision

35

(1) An appropriate Minister may not under section 34 direct that a person's name is to be treated as added to an EU sanctions list except where that Minister—

(a) has reasonable grounds to suspect that the person is an involved person (see subsections (2) and (3) below), and

(b) considers that it is appropriate to give the direction, having regard to—

(i) the purpose of the EU provision which relates to persons in that list (see subsections (4) and (5) below), and

(ii) the likely significant effects of the direction on the person to whom it relates (as they appear to that Minister to be on the basis of the information that the Minister has).

(2) In subsection (1)(a) “an involved person” means a person who—

(a) is or has been involved in an activity which is specified, by regulations made by an appropriate Minister, in relation to the list in question,

(b) is owned or controlled directly or indirectly by a person who is or has been so involved,

(d) is a member of, or associated with, a person who is or has been so involved.

(3) An activity may not be specified by regulations under subsection (2)(a) unless the appropriate Minister making the regulations considers that specifying the activity is appropriate having regard to the purpose of the EU provision which relates to persons in the list in question.

(4) In subsections (1) and (3) any reference to the “purpose” of any EU provision is to such purpose, or purposes, as may be prescribed in relation to that provision by regulations made by an appropriate Minister.

(5) Any purpose prescribed under subsection (4) must be a purpose that it is reasonable to assume was the purpose (or one of the purposes) of the provision in question.

(6) Regulations under subsection (2)(a) which specify an activity may also make provision as to the meaning, for the purposes of subsection (2) as it applies in relation to the list in question, of a person's—

(a) being involved in the specified activity;

(b) being “owned or controlled directly or indirectly by” another person;

(7) Regulations made by an appropriate Minister may make provision as to the steps to be taken as regards notification and publicity where a direction is given under section 34.

(8) Regulations made under subsection (7) must, in relation to any case where a direction under section 34 has been given, require the appropriate Minister who gave the direction (“the Minister”) to take without delay such steps as are reasonably practicable—

(a) to inform the person to whom it relates that the direction has been given, and

(b) where the direction is under section 34(3)(a), to include with that information a brief statement of the matters that the Minister knows, or has reasonable grounds to suspect, in relation to that person which have led the Minister to give the direction.

(9) The regulations may authorise the statement required by virtue of subsection (8)(b) to exclude matters where the Minister considers that they should be excluded—

(a) in the interests of national security or international relations,

(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(but the regulations may not authorise the Minister to provide no such statement).

(10) The regulations need not require a person to be notified of an intention to make a direction under section 34.

(11) In this section—

“EU sanctions list” has the same meaning as in section 34;

“EU provision” means—a provision of retained EU sanctions law (within the meaning of section 34), ora provision of an instrument made by the Council of the European Union.

Rights of person on EU sanctions list

36

(1) A person whose name is included, or treated as included, in an EU sanctions list may make a request for a direction under section 34(3)(b) that the person's name be treated as removed from the list.

This is subject to section 37 (UN-named persons).

(2) Any request under this section must be made—

(a) if the person is treated as included in the list by virtue of a direction under section 34(3)(a), to the appropriate Minister who gave that direction;

(b) in any other case, to an appropriate Minister.

(3) Where a request under this section has been made for a direction in respect of a person and a list, no further request may be made under this section in respect of that person and that list unless the grounds on which the further request is made are or include that there is a significant matter which has not previously been considered.

(4) On a request under this section the appropriate Minister to whom the request is made must decide whether or not to comply with the request.

(5) An appropriate Minister may by regulations make provision about the procedure to be followed in connection with a request under this section or section 37.

(6) Regulations made under subsection (5) in relation to a request under this section or section 37 must require—

(a) the decision on any such request to be made as soon as reasonably practicable after the receipt by the appropriate Minister dealing with the request of the information needed for making the decision, and

(b) the person who made the request to be informed of the decision and the reasons for it as soon as reasonably practicable after the decision is made.

(7) The regulations may authorise matters to be excluded from the reasons given for the decision where the appropriate Minister who made the decision considers that those matters should be excluded—

(a) in the interests of national security or international relations,

(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(but the regulations may not authorise that Minister to provide no reasons).

(8) In this section “EU sanctions list” has the same meaning as in section 34.

Rights of UN-named person on EU sanctions list

37

(1) This section applies where—

(a) a person whose name is included or treated as included in an EU sanctions list is a person in relation to whom, by virtue of a UN Security Council Resolution (“the Resolution”), the United Kingdom has an obligation to take particular measures, and

(b) that obligation is met by—

(i) provision mentioned in section 34(1)(a) which relates to that EU sanctions list, or

(ii) the application to the person, by virtue of that EU sanctions list, of any provision of section 8B of the Immigration Act 1971.

(2) The person—

(a) may not make a request under section 36 in respect of the EU sanctions list concerned, but

(b) may at any relevant time make a request under this section for the Secretary of State to use the Secretary of State's best endeavours to secure that the person's name is removed from the relevant UN list.

(3) Where a person has made a request under this section by virtue of being on an EU sanctions list, the person may make no further request under this section by virtue of being on that list unless the grounds on which the further request is made are or include that there is a significant matter which has not previously been considered by the Secretary of State.

(4) On a request under this section the Secretary of State must decide whether or not to comply with the request.

(5) For the purposes of this section a person's name is “removed from the relevant UN list” if the person ceases to be named (by the Security Council or a subsidiary organ of the Security Council) for the purposes of the Resolution so far as it provides for the taking of the measures in question.

(6) In subsection (2) a “relevant time” means a time when no provision of regulations under section 1 has been made the purpose (or a purpose) of which is compliance with the United Kingdom's obligation to take the measures in question.

(7) For the purposes of subsection (3) a person is “on” an EU sanctions list if the person's name is included or treated as included in that list.

(8) In this section “EU sanctions list” has the same meaning as in section 34.

CHAPTER 4 — Court reviews

Court review of decisions

38

(1) This section applies to—

(a) any decision under section 23(3) or 24(2) (decision, following a request to or review by an appropriate Minister, on whether a designation of a person made under a designation power should be varied or revoked);

(b) any decision under section 27(3) or 28(2) (decision, following a request to or review by an appropriate Minister, on whether a ship specification should be revoked);

(d) any other decision of an appropriate Minister in connection with functions of that Minister under this Part or regulations under this Part, other than—

(i) a decision to make or vary, or not to revoke or vary, a designation under a designation power where the designated person has a right to make a request under section 23 or would have but for section 23(2),

(ii) a decision to make a ship specification, or not to revoke a ship specification, where a person has a right to make a request in respect of that specification under section 27 or would have but for section 27(2), or

(iii) a decision to give a direction under section 34(3)(a) where the person has a right to make a request under section 36 or would have but for section 36(3) or 37.

(2) The appropriate person may apply to the High Court or, in Scotland, the Court of Session, for the decision to be set aside.

(3) “The appropriate person” means—

(a) in relation to a decision within subsection (1)(a), the person named by the designation or, where the designation is of persons of a specified description, any person of that description;

(b) in relation to a decision within subsection (1)(b) or (d), any person affected by the decision;

(4) In determining whether the decision should be set aside, the court must apply the principles applicable on an application for judicial review.

(5) If the court decides that a decision should be set aside it may make any such order, or give any such relief, as could in the absence of this section be made or given in proceedings for judicial review of the decision; but this is subject to section 39(1) to (4).

(6) In this section and section 39 “a ship specification” means a specification of a ship made under a power contained in regulations under section 1 by virtue of section 14.

Court reviews: further provision

39

(1) Subsection (2) applies to the court in any of the following proceedings—

(a) any proceedings on an application under section 38 in respect of a decision mentioned in section 38(1)(a), (b) or (c) (“a relevant application”);

(b) any proceedings on a claim arising from any matter to which a relevant application relates;

(i) a designation made under a designation power contained in regulations under section 1 is revoked without an application under section 38 being made,

(ii) a ship specification (within the meaning of section 38) is revoked without such an application being made, or

(iii) a corrective direction is given under section 34(3)(b) without such an application being made,

any proceedings on a relevant claim.

(2) If the court would, in the absence of this subsection, have power to award damages, the court may not award damages unless—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the court is satisfied that the decision concerned was made in bad faith.

(2A) Damages permitted by subsection (2) must not exceed such amount as may be specified in, or calculated in accordance with, regulations made by an appropriate Minister for the purposes of this subsection.

(3) In subsection (1)(c)—

a “corrective direction” means a direction given in respect of a person and a list following the giving of a direction under section 34(3)(a) in respect of that person and list;

a “relevant claim” means a claim made by (as the case may be)—a person designated by the designation,a person affected by the ship specification, orthe person in respect of whom the direction under section 34(3)(a) was given,which arises from any matter relating to the designation, ship specification or direction.

(4) In subsection (2) “the decision concerned” means—

(a) in relation to proceedings within subsection (1)(a) or (b) where the relevant application was in respect of a decision mentioned in section 38(1)(a), the decision in respect of which the relevant application was made or the designation to which that decision related;

(b) in relation to any other proceedings within subsection (1)(a) or (b), the decision in respect of which the relevant application was made;

(c) in relation to proceedings within subsection (1)(c), the designation or ship specification or the decision to give the direction under section 34(3)(a).

(5) A decision mentioned in sub-paragraph (i), (ii) or (iii) of section 38(1)(d) may not be questioned by way of proceedings for judicial review (and nor may a decision to which section 38 applies).

Rules of court

40

(1) Sections 66 to 68 of the Counter-Terrorism Act 2008 (supplementary provisions relating to rules of court and special advocates) apply in relation to proceedings—

(a) on an application under section 38 (court review of decisions), or

(b) on a claim arising from any matter to which such an application relates,

as they apply in relation to financial restrictions proceedings within the meaning of section 65 of that Act, but with the following modification.

(2) That modification is that any reference in those sections to the Treasury is to be read, in relation to proceedings on an application under section 38 of this Act in respect of a decision of the Secretary of State or a claim arising from any matter to which such an application relates, as a reference to the Secretary of State.

(3) The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by subsection (1) in relation to proceedings in England and Wales—

(a) on an application under section 38, or

(b) on a claim arising from any matter to which such an application relates,

those rules (together with any related rules of court) may be made by the Lord Chancellor instead of by the person who would otherwise make them.

(4) The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by subsection (1) in relation to proceedings in Northern Ireland—

(a) on an application under section 38, or

(b) on a claim arising from any matter to which such an application relates,

those rules (together with any related rules of court) may be made by the Lord Chancellor instead of by the person who would otherwise make them.

(5) Before making rules of court under this section, the Lord Chancellor must consult—

(a) in relation to rules applicable to proceedings in England and Wales, the Lord Chief Justice of England and Wales;

(b) in relation to rules applicable to proceedings in Northern Ireland, the Lord Chief Justice of Northern Ireland.

(6) The Lord Chancellor is not required to undertake any other consultation before making the rules.

(7) The requirements of subsection (5)(a) and (b) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(8) Rules of court made by the Lord Chancellor under this section—

(a) must be laid before Parliament, and

(b) if not approved by a resolution of each House before the end of 28 days beginning with the day on which they were made, cease to have effect at the end of that period.

(9) In calculating a period of 28 days for the purposes of subsection (8), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(10) If rules cease to have effect in accordance with subsection (8)(b)—

(a) that does not affect anything done under the rules, and

(b) subsection (3) or (as the case may be) (4) applies as if the rules had not been made.

(11) The following provisions do not apply to rules of court made by the Lord Chancellor under this section—

(a) section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure for civil procedure rules);

(b) section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978 (statutory rules procedure).

(12) Section 4(1) of the Statutory Instruments Act 1946 (statutory instruments which are required to be laid before Parliament) applies to any such rules applicable to proceedings in Northern Ireland as it applies to a statutory instrument which is required to be laid before Parliament after being made.

(13) Until section 85 of the Courts Act 2003 (process for making civil procedure rules) comes into force, in subsection (11)(a) above “section 3(6)” is to be read as “section 3(2)”.

(14) In this section—

“related rules of court” means rules of court that—are contained in the same instrument as the rules mentioned in subsection (3) or (as the case may be) (4), andrelate specifically to the same kind of proceedings as those rules,

“rules of court” means rules for regulating the practice and procedure to be followed in the High Court or the Court of Appeal.

CHAPTER 5 — Miscellaneous

Procedure for dealing with goods etc seized from ships

41

(1) The Secretary of State may by regulations make provision about the procedure to be followed in connection with goods seized under a power conferred by regulations under section 1 by virtue of section 19 or 20.

(2) Regulations under this section relating to goods seized on suspicion of being prohibited goods or relevant goods may include provision—

(a) requiring prescribed persons to be notified of the seizure of the goods;

(b) requiring the Secretary of State to determine whether the seized goods were, at the time of their seizure, prohibited goods (where the goods were seized under a power conferred by virtue of section 19) or relevant goods (where the goods were seized under a power conferred by virtue of section 20);

(d) about the determination by a prescribed court of any such claim;

(e) about the publicity to be given to any such determination by a court;

(f) for and about the return of seized goods to prescribed persons before or after any such determination of a claim by a court;

(g) about the treatment of seized goods not so returned (including, in prescribed circumstances, their destruction or sale);

(h) for and about the payment of compensation by the Secretary of State following a determination by a court that the goods were not, at the time of their seizure, prohibited goods (where the goods were seized under a power conferred by virtue of section 19) or relevant goods (where the goods were seized under a power conferred by virtue of section 20).

(3) In this section—

“goods” has the same meaning as in sections 19 and 20 (see subsections (13) of those sections);

“prohibited goods” has the same meaning as in section 19 (see subsection (13) of that section);

“relevant goods” has the same meaning as in section 20 (see subsection (11) of that section).

Suspension of prohibitions and requirements

42

(1) An appropriate Minister may make regulations (“suspending regulations”) providing that—

(a) while the suspending regulations have effect, or

(b) for a specified period,

a specified prohibition or requirement of regulations under section 1 is not to have effect.

(2) In this section “specified” means specified in the suspending regulations.

(3) A period specified under subsection (1)(b) may be expressed in any way, including, for example, being expressed in a way such that—

(a) the period begins, or ends, when a specified condition is met, or

(b) the period begins when a specified condition is met and lasts for so long as the suspending regulations or a specified provision of those regulations has effect.

Guidance about regulations under section 1

43

(1) Where regulations are made under section 1, the appropriate Minister who made the regulations must issue guidance about any prohibitions and requirements imposed by the regulations.

(2) The guidance may include guidance about—

(a) best practice for complying with the prohibitions and requirements;

(b) the enforcement of the prohibitions and requirements;

Protection for acts done for purposes of compliance

44

(1) This section applies to an act done in the reasonable belief that the act is in compliance with—

(a) regulations under section 1, or

(b) directions given by virtue of section 6 or 7.

(2) A person is not liable to any civil proceedings to which that person would, in the absence of this section, have been liable in respect of the act.

(3) In this section “act” includes an omission.

Revocation and amendment of regulations under section 1

45

(1) Section 1 includes a power, by further regulations under that section (“new regulations”)—

(a) to revoke any regulations under that section, or

(b) to amend any regulations under that section where the condition in subsection (2) below is met.

(2) The condition referred to in subsection (1)(b) is that the appropriate Minister making the new regulations—

(a) considers that the regulations being amended will, as amended, be sanctions regulations within the meaning given by section 1(5) that are appropriate for the purpose stated in them under section 1(3). ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The requirements of section 1(1) and (3)... ... do not apply in relation to regulations made by virtue of this section.

(7) In relation to section 1, this section has effect in place of section 14 of the Interpretation Act 1978 (implied power to revoke and amend).

Report where regulations for a purpose within section 1(2) are amended

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend Part 1 so as to authorise additional sanctions

47

(1) An appropriate Minister may by regulations amend this Part so as to authorise regulations under section 1 to impose prohibitions or requirements of kinds—

(a) which are not for the time being authorised by Chapter 1 (ignoring section 8), but

(b) which are kinds of prohibition or requirement that the United Kingdom—

(i) has any UN obligation or other international obligation to impose, or

(ii) has at any time had any UN obligation or other international obligation to impose.

(2) Without prejudice to the generality of subsection (1) or section 54(2), regulations under this section—

(a) may amend the definition of “sanctions regulations” in section 1(5), and

(b) where they make any such amendment, may amend this Part in connection with that amendment.

(3) For the avoidance of doubt, regulations under this section may not add to or amend the purposes mentioned in section 1(1) or amend section 1(2).

Power to make provision relating to certain appeals

48

(1) In this section an “immigration designation” means a designation of a person (whether by name or by description) which—

(a) is made under a designation power contained in regulations under section 1, and

(b) designates the person for the purposes of any provision of the regulations that provides for designated persons to be excluded persons for the purposes of section 8B of the Immigration Act 1971.

(2) In this section an “immigration claim” means any representation made by a person to an appropriate Minister which—

(a) is made in connection with an immigration designation of that person, and

(b) is within subsection (3).

(3) A representation is within this subsection if it is a representation by a person—

(a) that removal from the United Kingdom of that person would—

(i) breach the United Kingdom's obligations under the Human Rights Convention (“human rights obligations”), or

(ii) breach the United Kingdom's obligations under the Refugee Convention (“Refugee Convention obligations”),

(b) that requiring that person to leave the United Kingdom would breach human rights obligations or breach Refugee Convention obligations, or

(c) that refusal of entry of that person into the United Kingdom would breach human rights obligations or breach Refugee Convention obligations.

(4) The Secretary of State may by regulations make provision—

(a) about the effect of an immigration claim, or a prescribed description of immigration claim, for the purposes of prescribed provisions of the Immigration Acts;

(b) for a decision of a prescribed description made by an appropriate Minister under this Part, or such a decision so far as relating to prescribed matters, to be treated as a decision from which a person may appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”);

(d) preventing the court in proceedings on an application under section 38 above from considering prescribed issues where—

(i) an immigration claim has been made and the circumstances are such as may be prescribed, or

(ii) a representation within subsection (3) is made in the proceedings and the circumstances are such as may be prescribed;

(e) in relation to any case where under regulations under section 1 above a person is an excluded person for the purposes of section 8B of the Immigration Act 1971, disapplying any of subsections (1), (2) and (3) of that section until the end of a prescribed period or until the occurrence of a prescribed event.

(5) In this section “the Human Rights Convention” and “the Refugee Convention” have the same meaning as in section 8B of the Immigration Act 1971.

PART 2 — Anti-money laundering

Money laundering and terrorist financing etc

49

(1) An appropriate Minister may by regulations make provision for one or more of the following purposes—

(a) enabling or facilitating the detection or investigation of money laundering, or preventing money laundering;

(b) enabling or facilitating the detection or investigation of terrorist financing, or preventing terrorist financing;

(c) the implementation of Standards published by the Financial Action Task Force from time to time relating to combating threats to the integrity of the international financial system.

(2) Schedule 2 makes further provision about regulations under this section.

(3) In this Part—

“money laundering” has the meaning given by section 340(11) of the Proceeds of Crime Act 2002;

“terrorist financing” means an act which constitutes an offence under—section 15 (fund-raising), 16 (use and possession), 17 (funding arrangements), 18 (money laundering) or 63 (terrorist finance: jurisdiction) of the Terrorism Act 2000,paragraph 7(2) or (3) of Schedule 3 (freezing orders: offences) to the Anti-terrorism, Crime and Security Act 2001, any of regulations 8 to 13 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466), any of regulations 11 to 16 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573), or any of regulations 11 to 16 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577). ...

Reports on progress towards register of beneficial owners of overseas entities

50

(1) The Secretary of State must, after the end of each reporting period, publish a report explaining the progress that has been made during that period towards putting in place a register of beneficial owners of overseas entities.

(2) For the purposes of this section, the following are reporting periods—

(a) the period of 12 months beginning with the day on which this Act is passed;

(b) the period of 12 months beginning with the day after the end of the period mentioned in paragraph (a);

(3) The first and second reports under this section must include—

(a) a statement setting out the steps that are to be taken in the next reporting period towards putting the register in place, and

(b) an assessment of when the register will be put in place.

(4) The third report under this section must include a statement setting out what further steps, if any, are to be taken towards putting the register in place.

(5) Where a report is published under this section the Secretary of State must lay a copy of it before Parliament.

(6) For the purposes of this section “a register of beneficial owners of overseas entities” means a public register—

(a) which contains information about overseas entities and persons with significant control over them, and

(b) which in the opinion of the Secretary of State will assist in the prevention of money laundering.

Public registers of beneficial ownership of companies registered in British Overseas Territories

51

(1) For the purposes of the detection, investigation or prevention of money laundering, the Secretary of State must provide all reasonable assistance to the governments of the British Overseas Territories to enable each of those governments to establish a publicly accessible register of the beneficial ownership of companies registered in each government's jurisdiction.

(2) The Secretary of State must, no later than 31 December 2020, prepare a draft Order in Council requiring the government of any British Overseas Territory that has not introduced a publicly accessible register of the beneficial ownership of companies within its jurisdiction to do so.

(3) The draft Order in Council under subsection (2) must set out the form that the register must take.

(4) If an Order in Council contains requirements of a kind mentioned in subsection (2)—

(a) it must be laid before Parliament after being made, and

(b) if not approved by a resolution of each House of Parliament before the end of 28 days beginning with the day on which it is made, it ceases to have effect at the end of that period (but without that affecting the power to make a new Order under this section).

(5) In calculating a period of 28 days for the purposes of subsection (4), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(6) For the purposes of this section, “British Overseas Territories” means a territory listed in Schedule 6 of the British Nationality Act 1981.

(7) For the purposes of this section, “a publicly accessible register of the beneficial ownership of companies” means a register which, in the opinion of the Secretary of State, provides information broadly equivalent to that available in accordance with the provisions of Part 21A of the Companies Act 2006.

PART 3 — General

Supplementary

Crown application

52

(1) Regulations under section 1 or 49 may make provision binding the Crown.

(2) The regulations may not provide for the Crown to be criminally liable.

(3) Nothing in this Act affects Her Majesty in Her private capacity (within the meaning of the Crown Proceedings Act 1947).

Saving for prerogative powers

53

(1) Nothing in this Act affects any power to exclude a person from the United Kingdom by virtue of the prerogative of the Crown.

(2) Nothing in this Act affects any power exercisable in relation to ships by virtue of the prerogative of the Crown.

Regulations: general

54

(1) Regulations under this Act may—

(a) make different provision for different purposes;

(b) confer functions on a prescribed person;

(2) Regulations under this Act may make supplemental, incidental, consequential, transitional or saving provision, including—

(a) in the case of regulations under section 1 or 49, provision amending, repealing or revoking enactments (whenever passed or made), and

(b) in the case of regulations under section 1 which repeal or revoke an enactment, provision for persons designated by or under that enactment to be treated as persons designated under the regulations.

(3) Regulations under section 1 may amend the definition of “terrorist financing” in section 49(3) so as to remove any reference to a provision of regulations that is revoked by regulations under section 1.

(4) Regulations under section 1 may amend the definition of “terrorist financing” in section 49(3) so as to add a reference to a provision of regulations under section 1 that contains an offence, but only if—

(a) each purpose of the regulations containing the offence, as stated under section 1(3), is compliance with a UN obligation or other international obligation, or

(b) paragraph (a) does not apply but the report under section 2 in respect of the regulations containing the offence indicates that, in the opinion of the appropriate Minister making those regulations, the carrying out of a purpose stated in those regulations under section 1(3) would further the prevention of terrorism in the United Kingdom or elsewhere.

(5) Any power under this Act to make regulations is exercisable by statutory instrument.

(6) In this section “enactment” includes—

(a) an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act,

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation, and

(e) any assimilated direct legislation.

(7) In subsection (2)(b) the reference to persons “designated” by or under a repealed or revoked enactment includes, where the enactment is assimilated direct legislation, persons listed in or under that enactment.

(8) This section does not apply to regulations under—

(a) section 56 (regulations under section 1: transitory provision), or

(b) section 64 (commencement).

Parliamentary procedure for regulations

55

(1) Subsection (3) applies to a statutory instrument which—

(a) contains non-UN regulations under section 1 (see subsection (7)),

(b) does not contain any UN regulations under that section, and

(2) Subsection (3) also applies to a statutory instrument made during the period of 6 months beginning with the day on which the Economic Crime and Corporate Transparency Act 2023 is passed if the instrument contains only regulations under section 49 which make new provision about high-risk countries (see subsection (9)).

(3) A statutory instrument to which this subsection applies—

(a) must be laid before Parliament after being made, and

(b) if not approved by a resolution of each House of Parliament before the end of 28 days beginning with the day on which it is made, ceases to have effect at the end of that period (but without that affecting anything done under the regulations or the power to make new regulations).

(4) In calculating a period of 28 days for the purposes of subsection (3), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(5) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 1 that repeal, revoke or amend any provision of primary legislation,

(aa) section 39(2A),

(b) regulations under section 47,

(d) regulations under section 49,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

This subsection does not apply to a statutory instrument to which subsection (3) applies by virtue of subsection (2).

(6) A statutory instrument containing regulations under this Act which is not—

(a) a statutory instrument to which subsection (3) applies,

(b) a statutory instrument mentioned in subsection (5)(a) to (d),

(d) a statutory instrument containing only regulations under section 64,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In subsection (1) “UN regulations” means regulations under section 1 that—

(a) are regulations the stated purpose of which, or one of the stated purposes of which, is compliance with a UN obligation, or

(b) amend regulations under section 1 the stated purpose of which, or one of the stated purposes of which, is compliance with a UN obligation,

and “non-UN regulations” means any regulations under section 1 which are not UN regulations.

(8) For the purposes of subsection (7), a purpose is a “stated purpose” of regulations under section 1 if it is stated under section 1(3) in the regulations.

(9) For the purposes of subsection (2), regulations under section 49 “make new provision about high-risk countries” if they only make provision prescribing high-risk countries by virtue of paragraph 4(2) of Schedule 2

(a) the Money Laundering Regulations 2017 (S.I. 2017/692), or

(b) regulations under section 49.

(10) In this section “primary legislation” means—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(d) Northern Ireland legislation.

Regulations under section 1: transitory provision

56

(1) If the appropriate Minister making a statutory instrument containing (whether alone or with other provision) any regulations under section 1 considers it is appropriate to do so in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU, the instrument may provide that it comes into force, or that any provision of regulations contained in the instrument comes into force, on such day as that Minister may by regulations under this section appoint.

(2) Any power of an appropriate Minister to appoint a day under this section includes—

(a) a power to appoint different days for different purposes, and

(b) a power to appoint a time on a day if that Minister considers it appropriate to do so (including a time that has effect by reference to the coming into force of any other enactment).

(3) Any power under this section to make regulations is exercisable by statutory instrument.

(4) Subsection (5) applies in the case of a statutory instrument—

(a) which contains provision by virtue of subsection (1) of this section, and

(b) to which section 55(3) applies by virtue of subsection (1) of that section.

(5) Where this subsection applies—

(a) the reference in section 55(3)(b) to the day on which the statutory instrument is made is to be read as a reference to the first day on which any provision of the regulations contained in the instrument comes into force for any purpose in accordance with regulations under this section, and

(b) any reference in section 55(3) or (4) to 28 days is to be read as a reference to 60 days.

(6) In this section “enactment” includes an enactment mentioned in any of paragraphs (a) to (d) of section 54(6).

Duties to lay certain reports before Parliament: further provision

57

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If paragraph 21(2) of Schedule 2 (duty to lay report) is not complied with, the appropriate Minister who should have complied with that provision must publish a written statement explaining why that Minister failed to comply with it.

(4) Subsection (5) applies where paragraph 21(2) of Schedule 2 applies and—

(a) a statutory instrument containing the regulations concerned, or

(b) a draft of such an instrument,

is laid before the House of Commons and House of Lords on different days.

(5) Where this subsection applies, paragraph 21(2) of Schedule 2 is to be read as requiring the laying of a copy of the report to which that provision relates—

(a) before the House of Commons at the time the instrument or draft mentioned in subsection (4) is laid before the House of Commons, and

(b) before the House of Lords at the time that instrument or draft is laid before the House of Lords.

Retained EU rights

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments and repeals

59

(1) Part 1 of the Terrorist Asset-Freezing etc Act 2010 is repealed, except for—

(a) paragraphs 1 to 5 of Schedule 1 to that Act (amendments of rules of court), and

(b) section 45(1) of that Act so far as it introduces that Schedule.

(2) Neither paragraphs 1 to 5 of Schedule 1 to that Act, nor the exception of those paragraphs from the repeal made by subsection (1), affects any power to amend or revoke any provision of—

(a) the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980/346), or

(b) the Civil Procedure Rules 1998 (S.I. 1998/3132)).

(3) Subsection (1) does not affect the power in section 54 of the Terrorist Asset-Freezing etc Act 2010 to make provision by Order in Council extending to any of the Channel Islands, the Isle of Man or any British overseas territory.

(4) Part 1 of Schedule 3 contains amendments consequential on Parts 1 and 2 of this Act.

(5) Part 2 of Schedule 3 contains repeals and other provision consequential on subsection (1).

Definitions

Meaning of “funds”, “economic resources” and “freeze”

60

(1) In this Act “funds” means financial assets and benefits of every kind, including (but not limited to)—

(a) cash, cheques, claims on money, drafts, money orders and other payment instruments;

(b) deposits, balances on accounts, debts and debt obligations;

(c) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;

(d) interest, dividends and other income on or value accruing from or generated by assets;

(e) credit, rights of set-off, guarantees, performance bonds and other financial commitments;

(f) letters of credit, bills of lading and bills of sale;

(g) documents providing evidence of an interest in funds or financial resources;

(h) any other instrument of export financing.

(2) In this Act “economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services.

(3) In this Act references to “freezing” funds are to preventing funds from being dealt with; and for the purposes of this subsection funds are “dealt with” if—

(a) they are used, altered, moved, or transferred or access is allowed to them,

(b) they are dealt with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or

(4) In this Act references to “freezing” economic resources are to preventing economic resources from being dealt with; and for the purposes of this subsection economic resources are “dealt with” if—

(a) they are exchanged for funds, goods or services, or

(b) they are used in exchange for funds, goods or services (whether by being pledged as security or otherwise).

Meaning of “financial services” and “financial products”

61

(1) In this Act “financial services” means any service of a financial nature, including (but not limited to)—

(a) insurance-related services consisting of—

(i) direct life assurance;

(ii) direct insurance other than life assurance;

(iii) reinsurance and retrocession;

(iv) insurance intermediation, such as brokerage and agency;

(v) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;

(b) banking and other financial services consisting of—

(i) accepting deposits and other repayable funds;

(ii) lending (including consumer credit, mortgage credit, factoring and financing of commercial transactions);

(iii) financial leasing;

(iv) payment and money transmission services (including credit, charge and debit cards, travellers' cheques and bankers' drafts);

(v) providing guarantees or commitments;

(vi) financial trading (as defined in subsection (2));

(vii) participating in issues of any kind of securities (including underwriting and placement as an agent, whether publicly or privately) and providing services related to such issues;

(viii) money brokering;

(ix) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(x) settlement and clearing services for financial assets (including securities, derivative products and other negotiable instruments);

(xi) providing or transferring financial information, and financial data processing or related software (but only by suppliers of other financial services);

(xii) providing advisory and other auxiliary financial services in respect of any activity listed in sub-paragraphs (i) to (xi) (including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy).

(2) In subsection (1)(b)(vi), “financial trading” means trading for own account or for account of customers, whether on an investment exchange, in an over-the- counter market or otherwise, in financial products.

(3) In this Act “financial products” means—

(a) money market instruments (including cheques, bills and certificates of deposit);

(b) foreign exchange;

(d) exchange rate and interest rate instruments (including products such as swaps and forward rate agreements);

(e) transferable securities;

(f) other negotiable instruments and financial assets (including bullion).

Interpretation

62

(1) In this Act—

“appropriate Minister” is to be read in accordance with section 1(9);

“country” includes any territory, region or other place;

“designation power” has the meaning given by section 10(1);

“economic resources” has the meaning given by section 60(2);

“financial products” has the meaning given by section 61(3);

“financial services” has the meaning given by section 61(1);

“freeze”, in relation to funds or economic resources, has the meaning given by section 60(3) and (4);

“funds” has the meaning given by section 60(1);

“international obligation” has the meaning given by section 1(8);

“person” has the meaning given by section 9(5);

“prescribed”, in any provision relating to regulations, means prescribed by the regulations;

“the Security Council” means the Security Council of the United Nations;

“the territorial sea” (without more) means the territorial sea adjacent to the United Kingdom;

“terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);

“UN obligation” has the meaning given by section 1(8);

“UN Security Council Resolution” has the meaning given by section 1(8).

(2) Any reference in this Act to a person named “for the purposes of” a UN Security Council Resolution so far as it provides for the taking of particular measures includes any person who, by virtue of—

(a) being named for any purposes by the Security Council or a subsidiary organ of the Security Council, and

(b) the terms of the resolution,

is a person in relation to whom the resolution provides for the measures to be taken.

(3) Any reference in this Act to ships designated “for purposes of” a UN Security Council Resolution which provides for the taking of measures in relation to ships includes any ship which, by virtue of—

(a) being designated for any purposes by the Security Council or a subsidiary organ of the Security Council, and

(b) the terms of the resolution,

is a ship in relation to which the resolution provides for the measures to be taken.

(4) Regulations under section 1 may make provision as to the meaning of any reference in the regulations to funds, economic resources or technology (or a particular description of funds, economic resources or technology) being—

(a) owned by a person,

(b) held by a person,

(d) made available to or for the benefit of a person.

(5) Regulations under section 1 may make provision as to the meaning of any reference in the regulations to a person “owning” or “controlling” another person.

(6) Regulations under section 1 may make provision as to the connection that is required between—

(a) a person, or a person of a prescribed description, and

(b) a country,

in order for the person to be regarded as “connected with” that country for the purposes of any provision of the regulations.

Final provisions

Extent

63

(1) Subject to the following provisions of this section, this Act extends to England and Wales, Scotland and Northern Ireland.

(2) Any amendment or repeal made by Schedule 3 of any provision of —

(a) the Senior Courts Act 1981,

(b) the Crime and Courts Act 2013, or

does not extend to Scotland or Northern Ireland.

(3) Her Majesty may by Order in Council provide for any of the provisions of Part 1, section 51 and this Part, or any regulations under Part 1 (whether made before or after the making of the Order in Council), to extend with or without modifications to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(4) The power conferred by subsection (3), so far as relating to regulations, includes power to provide for the regulations as amended from time to time to extend as mentioned in that subsection.

(5) Her Majesty may by Order in Council provide for the repeal in section 59(1) (repeal of provisions of the Terrorist Asset-Freezing etc Act 2010) to extend to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(6) The power under section 36 of the Immigration Act 1971 may be exercised so as to extend to any of the Channel Islands or the Isle of Man any amendment made by this Act of any part of that Act (with or without modifications).

(7) The power under section 272(6) of the Investigatory Powers Act 2016 may be exercised so as to extend to the Isle of Man or any of the British overseas territories any amendment made by this Act of any part of that Act (with or without modifications).

Commencement

64

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 32;

(b) section 50;

(d) sections 60 to 63;

(e) this section;

(f) section 65.

(2) The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.

(3) Different days may be appointed for different purposes.

(4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(5) Any power under this section to make regulations is exercisable by statutory instrument.

Short title

65

This Act may be cited as the Sanctions and Anti-Money Laundering Act 2018.

SCHEDULE 1

PART 1 — Trade sanctions

1

The purposes referred to in section 5(1) are the purposes set out in paragraphs 2 to 16.

2

Preventing the export of goods of a prescribed description—

(a) to, or for the benefit of—

(i) designated persons (see section 9),

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country, or

(b) to, for the benefit of, or for use in, a prescribed country.

3

Preventing the import of all goods, or of goods of a prescribed description—

(a) which are consigned from a prescribed country,

(b) which originate in a prescribed country,

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country,

(d) for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country, or

(e) for the benefit of a prescribed country.

4

Preventing the movement outside the United Kingdom of goods of a prescribed description—

(a) to, or for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country,

(b) to, or for the benefit of, a prescribed country,

(d) which originate in a prescribed country, or

(e) in specified ships (see section 14).

5

Preventing a transfer of technology of a prescribed description—

(a) to, or for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country,

(b) to a place (see paragraph 36) in a prescribed country,

(c) to, or for the benefit of, persons outside the United Kingdom, where the transfer is from a designated person, a person connected with a prescribed country or a place in a prescribed country,

(d) to a place outside the United Kingdom, where the transfer is from a designated person, a person connected with a prescribed country or a place in a prescribed country,

(e) to persons (other than designated persons) in the United Kingdom, where the person effecting, or responsible for, the transfer has reason to believe that the technology may be used in a prescribed country, or

(f) to a place in the United Kingdom, where the person effecting, or responsible for, the transfer has reason to believe that the technology may be used in a prescribed country.

6

Preventing goods or technology of a prescribed description from being made available—

(a) to, or for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country,

(b) for the benefit of, or for use in, a prescribed country, or

7

Preventing the acquisition of goods or technology of a prescribed description—

(a) from, or for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country,

(iii) a prescribed description of persons connected with a prescribed country, or

(iv) persons on board specified ships, or

(b) in, or which originate in, a prescribed country.

8

Preventing land, or land of a prescribed description, from being made available to, or for the benefit of—

(a) designated persons,

(b) persons connected with a prescribed country, or

9

Preventing the acquisition of land, or land of a prescribed description—

(a) from, or for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country, or

(b) in a prescribed country.

10

Preventing—

(a) activities of a prescribed description relating (directly or indirectly) to military activities from being carried on for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country, or

(b) activities of a prescribed description from being carried on, where the activities relate (directly or indirectly) to military activities carried on, or proposed to be carried on, in a prescribed country.

11

Preventing all services, or services of a prescribed description, from being provided—

(a) to, or for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country, or

(b) in the United Kingdom by a prescribed description of persons connected with a prescribed country.

12

Preventing all services, or services of a prescribed description, from being procured—

(a) from, or for the benefit of—

(i) designated persons,

(ii) persons connected with a prescribed country, or

(iii) a prescribed description of persons connected with a prescribed country, or

(b) for provision in a prescribed country.

13

Preventing services, or services of a prescribed description, from being provided or procured, where the services relate to—

(a) the export of goods of a prescribed description to, or for the benefit of, persons as mentioned in paragraph 2(a),

(b) the export of goods of a prescribed description to, for the benefit of, or for use in, a prescribed country,

(c) the import of goods, or goods of a prescribed description, which are consigned from, or originate in, a prescribed country,

(d) the import of goods, or goods of a prescribed description, which are consigned from or imported, manufactured, produced or owned by persons as mentioned in paragraph 3(c),

(e) the import of goods, or goods of a prescribed description, for the benefit of persons as mentioned in paragraph 3(d),

(f) the import of goods, or goods of a prescribed description, for the benefit of a prescribed country,

(g) the movement of goods of a prescribed description to, or for the benefit of, persons as mentioned in paragraph 4(a),

(h) the movement of goods of a prescribed description to, or for the benefit of, a prescribed country,

(i) the movement of goods of a prescribed description from a prescribed country, or which originate in a prescribed country,

(j) the movement of goods of a prescribed description in specified ships,

(k) the transfer of technology of a prescribed description to, or for the benefit of, persons as mentioned in sub-paragraph (a), (c) or (e) of paragraph 5,

(l) the transfer of technology of a prescribed description to a place as mentioned in sub-paragraph (b), (d) or (f) of paragraph 5,

(m) the making available of goods or technology of a prescribed description to, or for the benefit of, persons as mentioned in paragraph 6(a),

(n) the making available of goods or technology of a prescribed description for the benefit of, or for use in, a prescribed country,

(o) the making available of goods or technology of a prescribed description for use in connection with specified ships,

(p) the acquisition of goods or technology of a prescribed description from, or for the benefit of, persons as mentioned in paragraph 7(a),

(q) the acquisition of goods or technology of a prescribed description in, or which originate in, a prescribed country,

(r) the making available of land, or land of a prescribed description, to, or for the benefit of, persons as mentioned in paragraph 8,

(s) the acquisition of land, or land of a prescribed description, from, or for the benefit of, persons as mentioned in paragraph 9(a),

(t) the acquisition of land, or land of a prescribed description, in a prescribed country,

(u) the carrying on of activities of a prescribed description as mentioned in sub-paragraph (a) of paragraph 10 for the benefit of persons as mentioned in that sub-paragraph,

(v) the carrying on of activities of a prescribed description as mentioned in paragraph 10(b), or

(w) the provision or procurement of other services, or services of a prescribed description, which relate to a matter mentioned in any of sub-paragraphs (a) to (v).

14

Preventing services, or services of a prescribed description, from being provided or procured, where the services relate to—

(a) the provision of other services, or services of a prescribed description, to, or for the benefit of, persons as mentioned in paragraph 11(a),

(b) the provision of other services, or services of a prescribed description, in the United Kingdom by a prescribed description of persons connected with a prescribed country,

(c) the procurement of other services, or services of a prescribed description, from, or for the benefit of, persons as mentioned in paragraph 12(a),

(d) the procurement of other services, or services of a prescribed description, for provision in a prescribed country,

(e) projects, industries, sectors or infrastructure of a prescribed description in a prescribed country,

(f) activities of a prescribed description carried on, or proposed to be carried on, in a prescribed country,

(g) trade with a prescribed country,

(h) aircraft registered in a prescribed country,

(i) ships registered in a prescribed country,

(j) specified ships, or

(k) the provision or procurement of other services, or services of a prescribed description, which relate to a matter mentioned in any of sub-paragraphs (e) to (j).

15

So far as a UN Security Council Resolution provides for the taking of measures in relation to ships designated for purposes of that resolution, and so far as the purposes set out in this paragraph are relevant to that resolution, preventing—

(a) the movement outside the United Kingdom of goods of a prescribed description in such ships,

(b) goods or technology of a prescribed description from being made available for use in connection with such ships,

(d) the provision or procurement of services which relate to such ships.

16

Preventing—

(a) the export, import, movement, making available or acquisition of objects of cultural interest, or objects of cultural interest of a prescribed description, which have been removed from a prescribed country, or

(b) services of a prescribed description from being provided or procured, where the services relate to objects of cultural interest, or objects of cultural interest of a prescribed description, which have been removed from a prescribed country.

PART 2 — Further provision

Further provision

17

Regulations which include provision for a purpose mentioned in Part 1 may describe goods wholly or partly by reference to—

(a) the uses to which the goods, or any information recorded on or derived from them, may be put,

(b) the types of users of the goods, or of any such information,

(d) the place where the goods originate.

18

Regulations which include provision for a purpose mentioned in paragraph 2 or 3 may describe goods wholly or partly by reference to their being of an amount, quantity or value in excess of a prescribed amount, quantity or value.

19

Regulations which include provision for a purpose mentioned in Part 1 may describe technology wholly or partly by reference to—

(a) the uses to which the technology may be put,

(b) the industries, sectors, infrastructure or projects to which the technology may relate, or

20

Regulations which include provision for a purpose mentioned in Part 1 may describe services wholly or partly by reference to—

(a) the uses to which the services may be put,

(b) the industries, sectors, infrastructure or projects to which the services may relate,

(d) any activities carried on, or proposed to be carried on, to which the services may relate (including the export, import, movement, transfer, making available, acquisition, development, manufacture, production, maintenance or use of goods, technology or land), or

(e) any other services to which the services in question may relate.

21

Regulations which include provision for a purpose mentioned in Part 1 may include provision having the effect that references to specified provisions of orders made under the Export Control Act 2002 are to operate as references to specified provisions of such orders as amended from time to time.

22

Regulations which include provision for a purpose mentioned in Part 1 may include provision having the effect that references to a specified Annex of Council Regulation (EC) No 428/2009 of 5 May 2009 (setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items) are to operate as references to that Annex as amended from time to time.

23

Regulations which include provision for a purpose mentioned in Part 1 may include provision having the effect that references to a technical list of goods or technology (including a list by reference to which any UN obligation operates) are to operate as references to that list as revised or re-issued from time to time.

24

Regulations which include provision for a purpose mentioned in paragraph 2 may include provision in relation to the removal from the United Kingdom of vehicles, ships and aircraft (as an export of goods), whether or not they are moving under their own power or carrying goods or passengers.

25

Regulations which include provision for a purpose mentioned in paragraph 3 may include provision in relation to the taking into the United Kingdom of vehicles, ships and aircraft (as an import of goods), whether or not they are moving under their own power or carrying goods or passengers.

26

(1) This paragraph applies where regulations include provision for a purpose mentioned in paragraph 15 in relation to ships designated by the Security Council or a subsidiary organ of the Security Council for purposes of a UN Security Council Resolution.

(2) The provision may describe the ships by reference to the instrument in which the ships are designated, including by reference to that instrument as varied or supplemented from time to time.

Enforcement

27

(1) This paragraph applies in relation to any provision of CEMA which specifies a maximum period of imprisonment with which an offence is punishable on conviction on indictment.

(2) Regulations under this paragraph may modify any such provision in the case of an offence committed in connection with a prohibition or requirement—

(a) imposed for a purpose mentioned in Part 1, and

(b) specified in the regulations.

(3) The modification may not have the effect that such an offence is punishable with imprisonment for a period exceeding 10 years.

28

(1) For the purpose of the enforcement of any relevant prohibition or requirement, regulations under this paragraph may modify any provision of CEMA which—

(a) determines whether any thing is liable to forfeiture under CEMA by virtue of a contravention of the prohibition or requirement,

(b) provides for the treatment of any thing which is so liable by virtue of such a contravention, or

(2) In sub-paragraph (1) a “relevant prohibition or requirement” means a prohibition or requirement—

(a) imposed for a purpose mentioned in Part 1, and

(b) specified in the regulations under this paragraph.

Restriction

29

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