The Afghanistan (Sanctions) (EU Exit) Regulations 2020

• (b) a reference to holding “more than 50% of the voting rights” in the person is to be read as a reference to holding the right under the constitution of the person to block changes to the overall policy of the person or to the terms of its constitution.

6

In applying regulation 7(2) and this Schedule, the voting rights in a person are to be reduced by any rights held by the person itself.

Rights to appoint or remove members of the board

7

A reference to the right to appoint or remove a majority of the board of directors of a person is to the right to appoint or remove directors holding a majority of the voting rights at meetings of the board on all or substantially all matters.

8

A reference to a board of directors, in the case of a person who does not have such a board, is to be read as a reference to the equivalent management body of that person.

Shares or rights held “indirectly”

9

• (1) A person holds a share “indirectly” if the person has a majority stake in another person and that other person—

• (a) holds the share in question, or

• (b) is part of a chain of persons—

• (i) each of whom (other than the last) has a majority stake in the person immediately below it in the chain, and

• (ii) the last of whom holds the share.

• (2) A person holds a right “indirectly” if the person has a majority stake in another person and that other person—

• (a) holds that right, or

• (b) is part of a chain of persons—

• (i) each of whom (other than the last) has a majority stake in the person immediately below it in the chain, and

• (ii) the last of whom holds that right.

• (3) For these purposes, a person (“A”) has a “majority stake” in another person (“B”) if—

• (a) A holds a majority of the voting rights in B,

• (b) A is a member of B and has the right to appoint or remove a majority of the board of directors of B,

• (c) A is a member of B and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights in B, or

• (d) A has the right to exercise, or actually exercises, dominant influence or control over B.

• (4) In the application of this paragraph to the right to appoint or remove a majority of the board of directors, a person (“A”) is to be treated as having the right to appoint a director if—

• (a) any person's appointment as director follows necessarily from that person's appointment as director of A, or

• (b) the directorship is held by A itself.

Shares held by nominees

10

A share held by a person as nominee for another is to be treated as held by the other (and not by the nominee).

Rights treated as held by person who controls their exercise

11

• (1) Where a person controls a right, the right is to be treated as held by that person (and not by the person who in fact holds the right, unless that person also controls it).

• (2) A person “controls” a right if, by virtue of any arrangement between that person and others, the right is exercisable only—

• (a) by that person,

• (b) in accordance with that person's directions or instructions, or

• (c) with that person's consent or concurrence.

12

“Arrangement” includes—

• (a) any scheme, agreement or understanding, whether or not it is legally enforceable, and

• (b) any convention, custom or practice of any kind.

Rights exercisable only in certain circumstances etc.

13

• (1) Rights that are exercisable only in certain circumstances are to be taken into account only—

• (a) when the circumstances have arisen, and for so long as they continue to obtain, or

• (b) when the circumstances are within the control of the person having the rights.

• (2) But rights that are exercisable by an administrator or by creditors while a person is subject to relevant insolvency proceedings are not to be taken into account while the person is subject to those proceedings.

• (3) “Relevant insolvency proceedings” means—

• (a) administration within the meaning of the Insolvency Act 1986 ,

• (b) administration within the meaning of the Insolvency (Northern Ireland) Order 1989 , or

• (c) proceedings under the insolvency law of another country during which a person's assets and affairs are subject to the control or supervision of a third party or creditor.

• (4) Rights that are normally exercisable but are temporarily incapable of exercise are to continue to be taken into account.

Rights attached to shares held by way of security

14

Rights attached to shares held by way of security provided by a person are to be treated for the purposes of this Schedule as held by that person—

• (a) where apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in accordance with that person's instructions, and

• (b) where the shares are held in connection with the granting of loans as part of normal business activities and apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in that person's interests.

SCHEDULE 2 — Treasury licences: purposes

Interpretation

1

• (1) In this Schedule—

• “designated person” has the same meaning as it has in Part 3 (Finance);

• “frozen funds or economic resources” means funds or economic resources frozen by virtue of regulation 8 (asset-freeze in relation to designated persons), and any reference to a person's frozen funds or economic resources is to funds or economic resources frozen as a consequence of the designation of that person for the purposes of that regulation.

• (2) For the purposes of this Schedule, references to a designated person are to be read as including a person (“C”) who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (“P”).

• (3) When determining for the purposes of paragraph 6 when C became a designated person, C is to be treated as having become a designated person at the same time as P.

Basic needs

2

• (1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met.

• (2) In the case of an individual, in sub-paragraph (1) “basic needs” includes—

• (a) medical needs;

• (b) needs for—

• (i) food;

• (ii) payment of insurance premiums;

• (iii) payment of tax;

• (iv) rent or mortgage payments;

• (v) utility payments.

• (3) In the case of a person other than an individual, in sub-paragraph (1) “basic needs” includes needs for—

• (a) payment of insurance premiums;

• (b) payment of reasonable fees for the provision of property management services;

• (c) payment of remuneration, allowances or pensions of employees;

• (d) payment of tax;

• (e) rent or mortgage payments;

• (f) utility payments.

• (4) In sub-paragraph (1)—

• “dependent” means financially dependent;

• “family member” includes—the wife or husband of the designated person;the civil partner of the designated person;any parent or other ascendant of the designated person;any child or other descendant of the designated person;any person who is a brother or sister of the designated person, or a child or other descendant of such a person.

Legal services

3

To enable the payment of—

• (a) reasonable professional fees for the provision of legal services, or

• (b) reasonable expenses associated with the provision of legal services.

Maintenance of frozen funds and economic resources

4

To enable the payment of—

• (a) reasonable fees, or

• (b) reasonable service charges,

arising from the routine holding or maintenance of frozen funds or economic resources.

Extraordinary expenses

5

To enable an extraordinary expense of a designated person to be met.

Prior obligations

6

To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person (whether arising under a contract, other agreement or otherwise), provided that—

• (a) the obligation arose before the date on which the person became a designated person, and

• (b) no payments are made to another designated person, whether directly or indirectly.

Signed

Ahmad — Minister of State — 2020-09-03

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an “appropriate Minister”. Section 1(9)(a) of that Act defines an “appropriate Minister” as including the Secretary of State.

[^f00002]: 2018 c.13.

[^f00003]: 1979 c.2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.

[^f00004]: “Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.

[^f00005]: Section 13 of the Sanctions and Anti-Money Laundering Act 2018 requires that where the purposes of a provision of regulations under section 1 include compliance with a UN obligation to take particular measures in relation to UN-named persons (which is the case with the regulations mentioned in regulation 5), the regulations must provide for those persons to be designated persons for the purposes of that provision.

[^f00006]: S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697; S.I. 2018/165; S.I. 2018/939; S.I. 2019/137; and S.I. 2019/989. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.

[^f00007]: 2000 c.8. Section 142D was inserted by the Financial Services (Banking Reform) Act 2013 (c.33), section 4(1).

[^f00008]: Section 142A was inserted by the Financial Services (Banking Reform) Act 2013, section 4(1).

[^f00009]: Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) and most recently amended by S.I. 2018/546; it is prospectively amended by S.I. 2019/632.

[^f00010]: Section 22 was amended by the Financial Guidance and Claims Act 2018 (c.10), section 27(4); the Financial Services Act 2012 (c.21), section 7(1); and S.I. 2018/135.

[^f00011]: S.I. 2001/544, as most recently amended by S.I. 2019/679; S.I. 2020/117; and S.I. 2020/480; it is amended and prospectively amended by S.I. 2019/632; and it is prospectively amended by S.I. 2019/710.

[^f00012]: Schedule 2 was amended by the Regulation of Financial Services (Land Transactions) Act 2005 (c.24), section 1; the Dormant Bank and Building Society Accounts Act 2008 (c.31), section 15 and Schedule 2, paragraph 1; the Financial Services Act 2012, sections 7(2) to (5) and 8; the Financial Guidance and Claims Act 2018, section 27(13); S.I. 2013/1881; and S.I. 2018/135; and it is prospectively amended by S.I. 2019/632.

[^f00013]: 2006 c.46.

[^f00014]: 2014 c.2.

[^f00015]: 2005 c.19.

[^f00016]: 1979 c.38. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 1, paragraph 40; the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 2, paragraph 42; the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), Schedule 2, paragraph 28; the Planning Act (Northern Ireland) 2011 (c.25), Schedule 6, paragraph 21; the Enterprise and Regulatory Reform Act 2013 (c.24), section 70; S.I. 1991/1220; S.I. 1991/2684; S.S.I. 2000/121 and S.I. 2001/1283.

[^f00017]: Section 1210 was amended by S.I. 2008/565; S.I. 2008/1950; S.I. 2011/99; S.I. 2012/1809; S.I. 2013/3115; S.I. 2017/516; and S.I. 2017/1164; and it is prospectively amended by S.I. 2019/177.

[^f00018]: Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.

[^f00019]: S.I. 1991/2724 is amended by S.I. 1992/3095; S.I. 1993/3014; and S.I. 2011/1043 and is prospectively revoked by S.I. 2018/1247.

[^f00020]: 2017 c.3.

[^f00021]: Section 1(8) of the Sanctions and Anti-Money Laundering Act 2018 defines an “international obligation” as an obligation of the United Kingdom created or arising by or under any international agreement.

[^f00022]: 2016 c.25. Amendments have been made by the Policing and Crime Act 2017, Schedule 9, paragraph 74; the Data Protection Act 2018 (c.12), Schedule 19, paragraphs 198-203; the Counter-Terrorism and Border Security Act 2019 (c. 3) Schedule 4, paragraph 33; the Sanctions and Anti-Money Laundering Act 2018, section 59(4), Schedule 3, paragraph 7; the Crime (Overseas Production Orders) Act 2019 (c. 5) section 16; S.I. 2018/378; S.I. 2018/652; S.I. 2018/905; S.I. 2018/1123; S.I. 2019/419; S.I. 2019/742; S.I. 2019/939; and S.I. 2020/661. Saving provisions are made by S.I. 2017/859.

[^f00023]: 2018 c.12. There are amendments to this Act that are not relevant to these Regulations.

[^f00024]: 2003 c.44. Amendments have been made to section 154(1), but none are relevant to these Regulations.

[^f00025]: 1995 c.46.

[^f00026]: 1925 c.86. Section 33 was amended by the Statute Law (Repeals) Act 2004 (c.14), section 1(1) and Schedule 1, Part 17. Other amendments have been made to section 33 that are not relevant to these Regulations.

[^f00027]: 1980 c.43. Amendments have been made to Schedule 3 that are not relevant to these Regulations.

[^f00028]: 1945 c. 15 (N.I.).

[^f00029]: S.I. 1981/1675 (N.I.26).

[^f00030]: The definition of “assigned matter” in section 1(1) of CEMA was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 22(a); the Scotland Act 2012 (c.11), section 24(7); and the Wales Act 2014 (c.29), section 7(1).

[^f00031]: Section 138 of CEMA was amended by the Police and Criminal Evidence Act 1984 (c.60), section 114(1), Schedule 6, paragraph 37 and Schedule 7, Part 1; the Finance Act 1988 (c.39), section 11; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 7, paragraph 54; S.I. 1989/1341 (N.I.12); and S.I. 2007/288.

[^f00032]: “The customs and excise Acts” is defined in section 1 of CEMA.

[^f00033]: Section 145 of CEMA was amended by the Police and Criminal Evidence Act 1984, section 114(1); the Commissioners for Revenue and Customs Act 2005 (c. 11), Schedule 4, paragraph 23(a); and S.I. 2014/834. Section 147 was amended by the Magistrates’ Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 176; the Criminal Justice Act 1982 (c. 48), section 77, Schedule 14, paragraph 42; the Finance Act 1989 (c. 26), section 16(2); and the Criminal Justice Act 2003 (c. 44), section 41, Schedule 3, paragraph 50. Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, section 50, Schedule 4, paragraph 26, and section 52, Schedule 5. Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, section 50, Schedule 4, paragraph 27, and section 52, Schedule 5.

[^f00034]: The words “7 years” were inserted in section 68(3)(b) of CEMA by the Finance Act 1988, section 12.

[^f00035]: The words “7 years” were inserted in section 170(3)(b) of CEMA by the Finance Act 1988, section 12.

[^f00036]: 2005 c.15. Chapter 1 of Part 2 has been amended by the Terrorism Act 2006 (c.11), section 33(3) and (4); the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33), sections 26(2) and 30(2) and Schedules 3 and 5; the Bribery Act 2010 (c.23), section 17(2) and Schedule 1; the Criminal Justice and Licensing (Scotland) Act 2010 (asp.13), section 203 and Schedule 7, paragraph 77; the Crime and Courts Act 2013 (c.22), section 15 and Schedule 8, paragraphs 157 and 159; the Criminal Finances Act 2017 (c.22), section 51(1); the Sanctions and Anti-Money Laundering Act 2018, section 59(4) and Schedule 3, paragraph 4; and S.I. 2014/834.

[^f00037]: See section 143(4)(f) and (4A), as inserted by the Sanctions and Anti-Money Laundering Act 2018, Schedule 3, paragraph 8(1) and (3).

[^f00038]: 1987 c.4. Section 1 was amended by the Police Act 1996 (c.16), Schedule 7, paragraph 41; the Police (Northern Ireland) Act 1998 (c.32), Schedule 4, paragraph 16; the Police Reform Act 2002 (c.30), section 79(3); and S.I. 2013/602.

[^f00039]: 2012 asp.8.

[^f00040]: 1996 c.16. Section 27 was amended by the Police and Justice Act 2006 (c.48), Schedule 2, paragraph 23; the Policing and Crime Act 2009 (c.26), Schedule 7, paragraphs 1 and 6; and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 26.

[^f00041]: 1847 c.27. Section 79 was amended by S.I. 2006/2167.

[^f00042]: 2013 c.23.

[^f00043]: 1964 c.40. Section 16 was amended by section 29(2) of the Wales Act 2017 (c.4); S.I. 1970/1681; and S.I. 1999/672. Other amendments have been made to section 16 that are not relevant to these Regulations.

[^f00044]: 2009 c.11. Designated customs officials are designated, as either a general customs official or a customs revenue official, under sections 3 and 11 of this Act respectively.

[^f00045]: Command 8941.

[^f00046]: S.I. 2011/2649, as amended by S.I. 2011/2925, S.I. 2019/137 and S.I. 2019/466.

[^f00047]: S.I. 2011/1893, as amended by S.I. 2013/472, S.I. 2013/534, S.I. 2017/560, S.I. 2017/754, S.I. 2018/682 and S.I. 2019/380.

[^f00048]: S.I. 2017/478, to which there are amendments not relevant to these Regulations.

[^f00049]: OJ No. L 199, 2.8.2011, p. 1.

[^f00050]: 1986 c.45.

[^f00051]: S.I. 1989/2405 (N.I.19).

Editorial notes

[^c24281031]: The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an “appropriate Minister”. Section 1(9)(a) of that Act defines an “appropriate Minister” as including the Secretary of State.

[^c24281041]: 2018 c.13.

[^c24281051]: 1979 c.2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.

[^c24281061]: “Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.

[^c24281071]: Section 13 of the Sanctions and Anti-Money Laundering Act 2018 requires that where the purposes of a provision of regulations under section 1 include compliance with a UN obligation to take particular measures in relation to UN-named persons (which is the case with the regulations mentioned in regulation 5), the regulations must provide for those persons to be designated persons for the purposes of that provision.

[^c24281081]: S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697; S.I. 2018/165; S.I. 2018/939; S.I. 2019/137; and S.I. 2019/989. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.

[^c24281091]: 2000 c.8. Section 142D was inserted by the Financial Services (Banking Reform) Act 2013 (c.33), section 4(1).

[^c24281101]: Section 142A was inserted by the Financial Services (Banking Reform) Act 2013, section 4(1).

[^c24281111]: Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) and most recently amended by S.I. 2018/546; it is prospectively amended by S.I. 2019/632.

[^c24281121]: Section 22 was amended by the Financial Guidance and Claims Act 2018 (c.10), section 27(4); the Financial Services Act 2012 (c.21), section 7(1); and S.I. 2018/135.

[^c24281131]: S.I. 2001/544, as most recently amended by S.I. 2019/679; S.I. 2020/117; and S.I. 2020/480; it is amended and prospectively amended by S.I. 2019/632; and it is prospectively amended by S.I. 2019/710.

[^c24281141]: Schedule 2 was amended by the Regulation of Financial Services (Land Transactions) Act 2005 (c.24), section 1; the Dormant Bank and Building Society Accounts Act 2008 (c.31), section 15 and Schedule 2, paragraph 1; the Financial Services Act 2012, sections 7(2) to (5) and 8; the Financial Guidance and Claims Act 2018, section 27(13); S.I. 2013/1881; and S.I. 2018/135; and it is prospectively amended by S.I. 2019/632.

[^c24281151]: 2006 c.46.

[^c24281161]: 2014 c.2.

[^c24281171]: 2005 c.19.

[^c24281181]: 1979 c.38. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 1, paragraph 40; the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 2, paragraph 42; the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), Schedule 2, paragraph 28; the Planning Act (Northern Ireland) 2011 (c.25), Schedule 6, paragraph 21; the Enterprise and Regulatory Reform Act 2013 (c.24), section 70; S.I. 1991/1220; S.I. 1991/2684; S.S.I. 2000/121 and S.I. 2001/1283.

[^c24281191]: Section 1210 was amended by S.I. 2008/565; S.I. 2008/1950; S.I. 2011/99; S.I. 2012/1809; S.I. 2013/3115; S.I. 2017/516; and S.I. 2017/1164; and it is prospectively amended by S.I. 2019/177.

[^c24281201]: Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.

[^c24281211]: S.I. 1991/2724 is amended by S.I. 1992/3095; S.I. 1993/3014; and S.I. 2011/1043 and is prospectively revoked by S.I. 2018/1247.

[^c24281221]: 2017 c.3.

[^c24281231]: Section 1(8) of the Sanctions and Anti-Money Laundering Act 2018 defines an “international obligation” as an obligation of the United Kingdom created or arising by or under any international agreement.

[^c24281241]: 2016 c.25. Amendments have been made by the Policing and Crime Act 2017, Schedule 9, paragraph 74; the Data Protection Act 2018 (c.12), Schedule 19, paragraphs 198-203; the Counter-Terrorism and Border Security Act 2019 (c. 3) Schedule 4, paragraph 33; the Sanctions and Anti-Money Laundering Act 2018, section 59(4), Schedule 3, paragraph 7; the Crime (Overseas Production Orders) Act 2019 (c. 5) section 16; S.I. 2018/378; S.I. 2018/652; S.I. 2018/905; S.I. 2018/1123; S.I. 2019/419; S.I. 2019/742; S.I. 2019/939; and S.I. 2020/661. Saving provisions are made by S.I. 2017/859.

[^c24281251]: 2018 c.12. There are amendments to this Act that are not relevant to these Regulations.

[^c24281271]: 1995 c.46.

[^c24281281]: 1925 c.86. Section 33 was amended by the Statute Law (Repeals) Act 2004 (c.14), section 1(1) and Schedule 1, Part 17. Other amendments have been made to section 33 that are not relevant to these Regulations.

[^c24281291]: 1980 c.43. Amendments have been made to Schedule 3 that are not relevant to these Regulations.

[^c24281301]: 1945 c. 15 (N.I.).

[^c24281311]: S.I. 1981/1675 (N.I.26).

[^c24281321]: The definition of “assigned matter” in section 1(1) of CEMA was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 22(a); the Scotland Act 2012 (c.11), section 24(7); and the Wales Act 2014 (c.29), section 7(1).

[^c24281331]: Section 138 of CEMA was amended by the Police and Criminal Evidence Act 1984 (c.60), section 114(1), Schedule 6, paragraph 37 and Schedule 7, Part 1; the Finance Act 1988 (c.39), section 11; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 7, paragraph 54; S.I. 1989/1341 (N.I.12); and S.I. 2007/288.

[^c24281341]: “The customs and excise Acts” is defined in section 1 of CEMA.

[^c24281351]: Section 145 of CEMA was amended by the Police and Criminal Evidence Act 1984, section 114(1); the Commissioners for Revenue and Customs Act 2005 (c. 11), Schedule 4, paragraph 23(a); and S.I. 2014/834. Section 147 was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 176; the Criminal Justice Act 1982 (c. 48), section 77, Schedule 14, paragraph 42; the Finance Act 1989 (c. 26), section 16(2); and the Criminal Justice Act 2003 (c. 44), section 41, Schedule 3, paragraph 50. Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, section 50, Schedule 4, paragraph 26, and section 52, Schedule 5. Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, section 50, Schedule 4, paragraph 27, and section 52, Schedule 5.

[^c24281361]: The words “7 years” were inserted in section 68(3)(b) of CEMA by the Finance Act 1988, section 12.

[^c24281371]: The words “7 years” were inserted in section 170(3)(b) of CEMA by the Finance Act 1988, section 12.

[^c24281381]: 2005 c.15. Chapter 1 of Part 2 has been amended by the Terrorism Act 2006 (c.11), section 33(3) and (4); the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33), sections 26(2) and 30(2) and Schedules 3 and 5; the Bribery Act 2010 (c.23), section 17(2) and Schedule 1; the Criminal Justice and Licensing (Scotland) Act 2010 (asp.13), section 203 and Schedule 7, paragraph 77; the Crime and Courts Act 2013 (c.22), section 15 and Schedule 8, paragraphs 157 and 159; the Criminal Finances Act 2017 (c.22), section 51(1); the Sanctions and Anti-Money Laundering Act 2018, section 59(4) and Schedule 3, paragraph 4; and S.I. 2014/834.

[^c24281391]: See section 143(4)(f) and (4A), as inserted by the Sanctions and Anti Money Laundering Act 2018, Schedule 3, paragraph 8(1) and (3).

[^c24281401]: 1987 c.4. Section 1 was amended by the Police Act 1996 (c.16), Schedule 7, paragraph 41; the Police (Northern Ireland) Act 1998 (c.32), Schedule 4, paragraph 16; the Police Reform Act 2002 (c.30), section 79(3); and S.I. 2013/602.

[^c24281411]: 2012 asp.8.

[^c24281421]: 1996 c.16. Section 27 was amended by the Police and Justice Act 2006 (c.48), Schedule 2, paragraph 23; the Policing and Crime Act 2009 (c.26), Schedule 7, paragraphs 1 and 6; and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 26.

[^c24281431]: 1847 c.27. Section 79 was amended by S.I. 2006/2167.

[^c24281441]: 2013 c.23.

[^c24281451]: 1964 c.40. Section 16 was amended by section 29(2) of the Wales Act 2017 (c.4); S.I. 1970/1681; and S.I. 1999/672. Other amendments have been made to section 16 that are not relevant to these Regulations.

[^c24281461]: 2009 c.11. Designated customs officials are designated, as either a general customs official or a customs revenue official, under sections 3 and 11 of this Act respectively.

[^c24281471]: Command 8941.

[^c24281481]: S.I. 2011/2649, as amended by S.I. 2011/2925, S.I. 2019/137 and S.I. 2019/466.

[^c24281491]: S.I. 2011/1893, as amended by S.I. 2013/472, S.I. 2013/534, S.I. 2017/560, S.I. 2017/754, S.I. 2018/682 and S.I. 2019/380.

[^c24281501]: S.I. 2017/478, to which there are amendments not relevant to these Regulations.

[^c24281511]: OJ No. L 199, 2.8.2011, p. 1.

[^c24281521]: 1986 c.45.

[^c24281531]: S.I. 1989/2405 (N.I.19).

[^key-5e1eebf41a4f23e8a54bffcfd2948ce2]: Reg. 1 in force at 14.12.2020 by S.I. 2020/1514, reg. 16(1)

[^key-6d3ea8777d5c8d24f166bd5a98873285]: Reg. 2 in force at 14.12.2020 by S.I. 2020/1514, reg. 16(1)

[^key-dac9f20b644ae9246e56e864880ebfb5]: Reg. 4 in force at 14.12.2020 by S.I. 2020/1514, reg. 16(1)

[^key-3a515f58b2bd75aad51402e9873924bc]: Reg. 5 in force at 14.12.2020 by S.I. 2020/1514, reg. 16(1)

[^key-431fcacf2096cc1c8176d5913435e0e5]: Regulations extended (British overseas territories) (with modifications) (31.12.2020) by The Afghanistan (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1284), reg. 2, Sch. 1, Sch. 2 (as amended (11.12.2025) by S.I. 2025/1307, art. 1(1), Sch. 27)

[^key-4d8958788142ec0cdc3b1fb604764443]: Sch. 1 para. 1 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-beeec7627e611f12a2ee1efd97b68c1a]: Sch. 1 para. 2 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-ce6e7509d02e81d01c4a0ae298fb37eb]: Sch. 1 para. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-48d83145eee174c8bcd99072665afa68]: Sch. 1 para. 4 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-965520ec2b83fa890d192baafdf74928]: Sch. 1 para. 5 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-600a6a50d9b8d79dfad171d3f58b1ffc]: Sch. 1 para. 6 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-469016298a82af250dc7fb2af3334ac1]: Sch. 1 para. 7 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-32af23ee35be0c1fa80fbaea7490b5d2]: Sch. 1 para. 8 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-b3efdcd2d97d5be9083b4f48f3efc915]: Sch. 1 para. 9 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-74b8ef9a44d4fc17e9ad6c7113bb00da]: Sch. 1 para. 10 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-3e6a626542c741bdcfbcd7286d96e0fa]: Sch. 1 para. 11 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-833a0485f10af4dc963a9b235e5e96ee]: Sch. 1 para. 12 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-d38844a436aab058b9aabc79956c8106]: Sch. 1 para. 13 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-35281d3f8f98dad75d2728b4c606933b]: Sch. 1 para. 14 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-eb58cbc5eb6159e4f7ac596c495a8ee7]: Sch. 2 para. 1 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-96c5bb19d933f262483218d5430053d5]: Sch. 2 para. 2 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-59bf3cc4fab9b082bbd62239eb2a5468]: Sch. 2 para. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-8b406bd8483373f7a78720ef20c71594]: Sch. 2 para. 4 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-2f08254688670f9c3b09655fb101bd07]: Sch. 2 para. 5 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-60ae25b36208ff47fd8825fe8919ed25]: Sch. 2 para. 6 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-4db2b69be069b454b4f9a4283c582803]: Reg. 14 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-fca4a5614ae58b40501ea1358b93c806]: Reg. 35 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-de5a907ddaf58fc244f4b95631ab728b]: Reg. 39 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-bd052e0ead8c3f7b0aa9924d0e1db350]: Reg. 43 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-6db342d60ef67fbd14767317a7844d4a]: Reg. 44 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-9110de2c70c56019896d7c7fadfb8f17]: Reg. 41 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-0ab06f328f81425241d83f5f05f4d4a9]: Reg. 42 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-094d113d959108baf26f659fb9a6af1b]: Reg. 45 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-ac6678d504b532e1b21cbfb2a71ee641]: Reg. 46 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-24ae2d8d3c035ad96c50c421029845ad]: Reg. 54 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-76bfc556579ecbc646919229a241530a]: Reg. 55 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-bff035a81c7331f8d0c1cad847d233e5]: Reg. 56 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-989b1c60a2735d6a6727fd94c38c893a]: Reg. 26 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-af753fce8868f40d169e363347fc0a22]: Reg. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-68686a60443b0d2e25a3f5234a7fe945]: Reg. 6 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-26d18683899179b3f0cfd1684ae00496]: Reg. 7 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-d03a7916942ad0b72984798bc92f914f]: Reg. 8 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-e04a8a922492eecee9e7a7133abdb4a9]: Reg. 9 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-dd823f3e09f1e50b4de4e696327376fa]: Reg. 10 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-b1eece34cb6280ec536347a16d04999c]: Reg. 11 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-428f3e063dd9aa453e6bce0ec942f8f9]: Reg. 12 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-c9b414ad0bc9e63b3cd207e49616e61d]: Reg. 13 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-3d3591985ba45dc954551b87325aea15]: Reg. 15 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-a49823d17c53a06cb52a585c001e958a]: Reg. 16 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-53de075b251d2f865c183c867e78728b]: Reg. 17 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-b6b7596a354e6c3a7b1cfb4e35acf995]: Reg. 18 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-ae54e6c96307ca4489276708612954f8]: Reg. 19 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-3bf1819b617111a6c18ef49785d05e9d]: Reg. 20 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-b48c281c80e83f8b59942b1fbd62fc2f]: Reg. 21 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-e91b93a80ed9fbef602d32f9ddfcb4a6]: Reg. 22 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-c61cdd2ba17e36992eae15d4802baa33]: Reg. 23 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-7640233e7820f1c451d7f961860f2814]: Reg. 24 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-5493db36be1480f6067b1320a07ceaa8]: Reg. 25 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-e12bb841fc4e0456face5204a0cc6cfc]: Reg. 27 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-1eb3acdc31734b3734df2e4be335fab4]: Reg. 28 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-8cd600040584617b2c927629fe44d951]: Reg. 29 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-c2c3052717607e471af9224246fe9cac]: Reg. 30 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-41cb034f3832833e179aec41a0530903]: Reg. 31 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-556d8c3d27abafb81010db6556078998]: Reg. 32 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-a3d8f16d2ada070414fdf8eae1065911]: Reg. 33 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-8b1b0e47feb689eadbd8b857aefc4c65]: Reg. 34 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-116c19287d4298afdac685e7f1865620]: Reg. 36 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-6999cbcbd444097bb07f639303ba4090]: Reg. 37 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-1257ad4e5ea6d4dac630ea234ccaa6e9]: Reg. 38 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-e7036fad793cdd1d798b75db7f556d3c]: Reg. 40 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-389e510c04d9a4e7ee32e055273345e6]: Reg. 47 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-440e3f50867dc3dc4a02cf57d4241b3b]: Reg. 48 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-cd0828d0241ce7271b2cc3a733d8ca06]: Reg. 49 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-d99b2e85e5128d08efb35e92c61a18be]: Reg. 50 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-feb0e5e12b3a4fb02b9b2923513b6d6b]: Reg. 51 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-5f58d71fb4417c0342e5c76e6d6b4967]: Reg. 52 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-cc3056bc74e4a8fd2c21bbc7df2857aa]: Reg. 53 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-b89fec86f3ffe8f53176c824e424a97c]: Reg. 57 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-13b3cde853620e0d3ffd8285943b5439]: Reg. 58 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

[^key-6e83630cbc5059921668667bfcaaf2ac]: Reg. 26(1)(a)(b) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020 (S.I. 2020/1397), regs. 1(2), 3(2); S.I. 2020/1514, reg. 22

[^key-115d0f5b74b4805827bfcbe98323eba2]: Reg. 25A inserted (28.1.2022) by The Afghanistan (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/65), regs. 1(2), 2(2)

[^key-1e0f135917c3a4223582ee9cb764efd0]: Words in reg. 38(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(2), Sch. Pt. 2

[^key-68bbf35f8e3a3a167342c0a5fa20afaf]: Reg. 36A inserted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 15(4)

[^key-bf0718402c9812d500c64af03a95a4bc]: Reg. 28(7) inserted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 15(2)

[^key-f26a03ae42a3c88a1788d39cad7ea3a7]: Words in reg. 37(1) inserted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 15(5)(a)

[^key-064cc19ca28017bffe194e84fc5c31d2]: Words in reg. 37(2) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 15(5)(b)

[^key-cad5888f59faf8dcea15b965fc92a55c]: Words in reg. 37(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 15(5)(c)(i)

[^key-0667f5bf22ca878e445a450e33f2ec83]: Words in reg. 37(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 15(5)(c)(ii)

[^key-3b6863b9c7e54f0e028e05f53f3052f1]: Reg. 31(3A)-(3C) inserted (30.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(3)(n), 15(3)(b)

[^key-8e9acb195221a6045de68de581e84854]: Reg. 31(1)(h)(i) inserted (30.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(3)(n), 15(3)(a)

[^key-c45fa4188eb00749247f2d940b4db7d2]: Words in reg. 38(1)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

[^key-cdc77cc23e3a02884edd094a4a2d7ac9]: Words in reg. 38(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

[^key-e7a87468bbd7eeb30b82e50b8b830663]: Words in reg. 38(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

[^key-33d1f1717ccc901a526745fd8e6dec40]: Reg. 44(3A)-(3C) inserted (5.6.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/644), regs. 1(2), 14(2)

[^key-009099c53a2d1b0225f26d7350e7efcd]: Words in reg. 30(1)(a)(ii) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(6)(a)

[^key-c5a2a333420f374b74e3c09195c895d8]: Reg. 30(4A)-(4C) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(6)(b)

[^key-937df40029cc8341a18efdce288047d0]: Reg. 30(6A) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(6)(c)

[^key-7e4bd44ef025bc24583febf221fff0f0]: Words in reg. 36A(1) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(8)

[^key-8322d15f21b9cc1fbb4b9b5f1db1febe]: Reg. 10(3A) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(2)

[^key-928f5c493d2b9b5e0d522454156138f6]: Reg. 12(3A) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(3)

[^key-fa218fdd184b35f61407040ad342d360]: Reg. 25(9)(10) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(4)

[^key-ec2621609348b609cdc7196dcf487535]: Words in reg. 28(5) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(5)(a)

[^key-ea13a71aca385ee5e5b144e9cd1d8724]: Word in reg. 28(5) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(5)(b)

[^key-5f2c8863053f117065f12c84d35ed479]: Words in reg. 28(5) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(5)(c)

[^key-92dfb5b6545cd309bd10594fc8e4d493]: Word in reg. 28(5) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(5)(d)

[^key-f029a73168ffc192e92910dacec5a9bb]: Sch. 2 para. 1 renumbered as Sch. 2 para. 1(1) (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(9)(a)

[^key-c0f5beeeae5738ad99e6cb405bfae240]: Sch. 2 para. 1(2)(3) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 28(9)(b)

[^key-bc2b69f02f5ce3a478b3714ef46ccc4f]: Reg. 31(1)(j)-(m) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(z), 28(7)(a)

[^key-ae39c5ca32e1092801f992f4ec98f9f2]: Reg. 31(3D)-(3K) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(z), 28(7)(b)

[^key-9fa3232672642c2759cfc789bc134a4b]: Reg. 31(5)(da) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(z), 28(7)(c)

Finance: exception for humanitarian assistance and other activities

25A

• (1) The prohibitions in regulations 8 to 12 (asset-freeze etc.) are not contravened by a person (“P”) carrying out a relevant activity which is necessary—

• (a) to ensure the timely delivery of humanitarian assistance in Afghanistan, or