The Global Human Rights and International Humanitarian Law Sanctions Regulations 2026

Type Statutory-Instrument
Publication 2026-10-12
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to establish a sanctions regime for the purposes of: deterring, and providing accountability for: activities which, if carried out by or on behalf of a State, would amount to serious violations of certain human rights by that State; serious violations of international humanitarian law; and obstruction of the delivery or distribution of, or access to humanitarian assistance around the world.

Reform history JSON API

Made: 12th October 2026

Laid before Parliament: 13th October 2026

Coming into force: 15th October 2026

The Secretary of State[^f00001] makes these Regulations in exercise of the powers conferred by section 1(1)(c) and (3)(b), 3(1)(a) and (d)(i), 3A, 4, 9(2)(a), 10(2) to (4), 11(1A) to (9), 12(1A) to (9), 15(2)(a) and (b), (3), (3A), (3B), (4)(b), (5) and (6), 16, 17(2) to (5) and (8), 21(1), 45(1)(a), 54(1) and (2), and 62(4) and (5) of the Sanctions and Anti-Money Laundering Act 2018[^f00002].

Part 1 — General

Citation, commencement and extent

1

  • (1) These Regulations may be cited as the Global Human Rights and International Humanitarian Law Sanctions Regulations 2026.
  • (2) These Regulations come into force on 15th October 2026.
  • (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2

In these Regulations—

  • “the Act” means the Sanctions and Anti-Money Laundering Act 2018;
  • “arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);
  • “conduct” includes acts and omissions;
  • “director disqualification licence” means a licence under regulation 27 (director disqualification licences);
  • “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
  • “Treasury licence” means a licence under regulation 26(1) (Treasury licences);
  • “United Kingdom person” has the same meaning as in section 21 (extra-territorial application) of the Act.

Application of prohibitions and requirements outside the United Kingdom

3

  • (1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.
  • (2) Any person may contravene a relevant prohibition by conduct in the territorial sea.
  • (3) In this regulation, a “relevant prohibition” means any prohibition imposed by—
  • (c) a condition of a Treasury licence.
  • (4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.
  • (5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.
  • (6) In this regulation, a “relevant requirement” means any requirement imposed—
  • (a) by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part, or
  • (b) by a condition of a Treasury licence.
  • (7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.

Purposes

4

  • (1) The purposes of the regulations contained in this instrument are to deter, and provide accountability for, activities falling within paragraphs (2) to (4).
  • (2) An activity falls within this paragraph if it is an activity which, if carried out by or on behalf of a State within the territory of that State, would amount to a serious violation by that State of an individual's—
  • (a) right to life,
  • (b) right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment,
  • (c) right to be free from slavery, not to be held in servitude or required to perform forced or compulsory labour, or
  • (d) right to liberty and security of person,

whether or not the activity is carried out by or on behalf of a State.

  • (3) An activity falls within this paragraph if it constitutes a serious violation of international humanitarian law.
  • (4) An activity falls within this paragraph if it constitutes obstruction of the delivery or distribution of, or access to, humanitarian assistance.
  • (a) outside the British Islands and British overseas territories by any person, or
  • (b) in the British Islands or a British overseas territory by a person who is not a United Kingdom national or a person incorporated or constituted under the law of any part of the British Islands or a British overseas territory.
  • (6) In paragraphs (2) to (4) an “activity” includes an omission.

Part 2 — Designation of persons

Power to designate persons

5

  • (1) The Secretary of State may designate persons by name for the purposes of any of the following—
  • (2) The Secretary of State may designate persons by description for the purposes of any of the following—
  • (3) The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1) or (2).
  • (4) For the purposes of these Regulations, persons “designated under regulation 5” for the purpose of a particular regulation means—
  • (a) persons who are designated by name under paragraph (1) for the purposes of that particular regulation, and
  • (b) where the Secretary of State makes provision under paragraph (2) that persons of a specified description are designated persons for the purposes of that regulation, persons of that description.

Conditions for designation of persons by name

6

  • (1) The Secretary of State may choose whether to designate a person under regulation 5(1) (power to designate persons by name) under—
  • (a) the standard procedure, or
  • (b) the urgent procedure.
  • (2) Paragraph (3) applies where the Secretary of State chooses to designate a person under the standard procedure.
  • (3) The Secretary of State may not designate a person except where condition A is met.
  • (4) Paragraphs (5) to (7) apply where the Secretary of State chooses to designate a person under the urgent procedure.
  • (5) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
  • (6) A person ceases to be a designated person at the end of the period of 56 days beginning with the day following the day on which the person became a designated person unless, within that period, the Secretary of State certifies that—
  • (a) condition A is met, or
  • (b) conditions B and C continue to be met.
  • (7) Where the Secretary of State makes a certification under paragraph (6)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (6) unless, within that period, the Secretary of State certifies that condition A is met.
  • (8) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
  • (9) Condition B is that relevant provision (whenever made) applies to, or in relation to, the person under the law of—
  • (a) the United States of America;
  • (b) the European Union;
  • (c) Australia;
  • (d) Canada.
  • (10) Condition C is that the Secretary of State considers that it is in the public interest to make designations under the urgent procedure.
  • (11) For the purposes of condition B, “relevant provision” is provision that the Secretary of State considers—
  • (a) corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or
  • (b) is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.
  • (12) In this regulation, “involved person” has the meaning given in regulation 8 (designation criteria: meaning of “involved person”).

Conditions for designation of persons by description

7

  • (1) The Secretary of State may choose whether to designate persons under regulation 5(2) (power to designate persons by description) under—
  • (a) the standard procedure, or
  • (b) the urgent procedure.
  • (2) Paragraph (3) applies where the Secretary of State chooses to designate persons under the standard procedure.
  • (3) The Secretary of State may not designate persons except where conditions A and C are met.
  • (4) Paragraphs (5) to (7) apply where the Secretary of State chooses to designate persons under the urgent procedure.
  • (5) The Secretary of State may designate persons where condition C is not met, but conditions A, D and E are met.
  • (6) Persons of the specified description cease to be designated persons at the end of the period of 56 days beginning with the day following the day on which the Secretary of State provides that persons of that description are designated persons unless, within that period, the Secretary of State certifies that—
  • (a) conditions A and C are met, or
  • (b) conditions A, D and E continue to be met.
  • (7) Where the Secretary of State makes a certification under paragraph (6)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (6) unless, within that period, the Secretary of State certifies that conditions A and C are met.
  • (8) Condition A is that the description of persons specified is such that a reasonable person would know whether that person fell within it.
  • (9) Condition C is that the Secretary of State has reasonable grounds to suspect—
  • (a) in a case where the specified description is members of a particular organisation, that the organisation is an involved person, or
  • (b) in the case of any other specified description, that any person falling within that description would necessarily be an involved person.
  • (10) Condition D is that the description of persons specified is of persons (or some persons) to which, or in relation to which, relevant provision (whenever made) applies under the law of—
  • (a) the United States of America;
  • (b) the European Union;
  • (c) Australia;
  • (d) Canada.
  • (11) Condition E is that the Secretary of State considers that it is in the public interest to provide that persons of a specified description are designated persons under the urgent procedure.
  • (12) For the purposes of condition D, “relevant provision” is provision that the Secretary of State considers—
  • (a) corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or
  • (b) is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.
  • “involved person” has the meaning given in regulation 8 (designation criteria: meaning of “involved person”);
  • “organisation” includes any body, association or combination of persons.

Designation criteria: meaning of “involved person”

8

  • (1) For the purposes of regulations 6(8) (conditions for the designation of persons by name) and 7(9) (conditions for the designation of persons by description), an “involved person” means a person who—
  • (a) is or has been involved in a relevant activity,
  • (b) is owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by a person who is or has been so involved,
  • (c) is acting on behalf of or at the direction of a person who is or has been so involved, or
  • (d) is a member of, or associated with, a person who is or has been so involved.
  • (3) For the purposes of this regulation, a person is involved in a relevant activity if—
  • (a) the person is responsible for or engages in such an activity;
  • (b) the person facilitates, incites, promotes or provides support for such an activity;
  • (c) the person conceals evidence of such an activity;
  • (d) the person provides financial services, or makes available funds, economic resources, goods or technology, knowing or having reasonable cause to suspect that those financial services, funds, economic resources, goods or technology will or may contribute to such an activity;
  • (e) the person provides financial services, or makes available funds, economic resources, goods or technology, to a person mentioned in sub-paragraph (a);
  • (f) the person profits financially or obtains any other benefit from such an activity;
  • (g) the person is responsible for the investigation or prosecution of such an activity and intentionally or recklessly fails to fulfil that responsibility;
  • (h) the person contravenes, or assists with the contravention of, any provision of Part 3 (Finance) of these Regulations.
  • (4) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.
  • (5) Any reference in this regulation to being involved in an activity includes being so involved wherever any actions constituting the involvement take place.

Meaning of “owned or controlled directly or indirectly”

9

  • (1) A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).
  • (2) The first condition is that P—
  • (a) holds directly or indirectly more than 50% of the shares in C,
  • (b) holds directly or indirectly more than 50% of the voting rights in C, or
  • (c) holds the right directly or indirectly to appoint or remove a majority of the board of directors of C.
  • (3) Schedule 1 (rules for interpretation of regulation 9(2)) contains provision applying for the purpose of interpreting paragraph (2).
  • (4) The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes.

Notification and publicity where power to designate by name is used

10

  • (a) has made a designation under regulation 5(1) (power to designate persons by name), or
  • (b) has by virtue of section 22 (power to vary or revoke designation made under regulations) of the Act varied or revoked a designation made under that regulation.
  • (2) The Secretary of State—
  • (a) must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and
  • (b) must take steps to publicise the designation, variation or revocation.
  • (a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons, or
  • (b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
  • (i) that the provision is made under the urgent procedure,
  • (ii) identifying the relevant provision by reference to which the Secretary of State considers that condition B is met in relation to the person, and
  • (iii) setting out why the Secretary of State considers that condition C is met.
  • (4) Where the Secretary of State designates a person under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (6) of regulation 6 (conditions for the designation of persons by name), or if the Secretary of State has made a certification under paragraph (6)(b) of that regulation, the period mentioned in paragraph (7) of that regulation, but otherwise without delay—
  • (a) in a case where the person ceases to be a designated person, take such steps as are reasonably practicable to inform the person that they have ceased to be a designated person, or
  • (b) in any other case, take such steps as are reasonably practicable to give the person a statement of reasons.
  • (5) In this regulation, a “statement of reasons” means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the designated person—
  • (a) in the case of a designation under the standard procedure, which have led the Secretary of State to make the designation, and
  • (b) in the case of a designation under the urgent procedure, as a result of which the person does not cease to be a designated person at the end of the period mentioned in regulation 6(6) or (7) (as the case may be).
  • (6) Matters that would otherwise be required by paragraph (5) to be included in a statement of reasons may be excluded from it where the Secretary of State 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
  • (c) in the interests of justice.
  • (a) unless one or more of the restricted publicity conditions is met, be steps to publicise generally—
  • (i) the designation, variation or revocation, and
  • (ii) in the case of—
  • (aa) a designation under the standard procedure, the statement of reasons relating to it;
  • (bb) a designation under the urgent procedure, the statement required under paragraph (3)(b) relating to it;
  • (b) if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of—
  • (i) the designation, variation or revocation, and
  • (ii) in the case of—
  • (aa) a designation under the standard procedure, the contents of the statement of reasons relating to it;
  • (bb) a designation under the urgent procedure, the contents of the statement required under paragraph (3)(b) relating to it.
  • (8) The “restricted publicity conditions” are as follows—
  • (a) the designation is of a person believed by the Secretary of State to be an individual under the age of 18;
  • (b) the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted—
  • (i) in the interests of national security or international relations,
  • (ii) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
  • (iii) in the interests of justice.
  • (a) when a designation is made, one or more of the restricted publicity conditions is met, but
  • (b) at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met.
  • (10) The Secretary of State must—
  • (a) take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and
  • (b) take steps to publicise generally the designation and the statement of reasons, or the statement required under paragraph (3)(b), relating to it.
  • (11) In this regulation—
  • “condition B” means the condition set out in regulation 6(9);
  • “condition C” means the condition set out in regulation 6(10).

Notification and publicity where power to designate by description is used

11

  • (a) has provided that persons of a specified description are designated persons under regulation 5(2) (power to designate persons by description), or
  • (b) has by virtue of section 22 (power to vary or revoke designation made under regulations) of the Act varied or revoked a designation made under that regulation.
  • (2) The Secretary of State—
  • (a) must without delay take such steps as are reasonably practicable to inform persons of the specified description of the designation, variation or revocation, and
  • (b) must take steps to publicise the designation, variation or revocation.
  • (a) where the Secretary of State provides that persons of a specified description are designated persons under the standard procedure, must include a statement of reasons, or
  • (b) where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, must include a statement—
  • (i) that the provision is made under the urgent procedure,
  • (ii) identifying the relevant provision by reference to which the Secretary of State considers that condition D is met in relation to persons of the specified description, and
  • (iii) setting out why the Secretary of State considers that condition E is met.
  • (4) Where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (6) of regulation 7 (conditions for the designation of persons by description), or if the Secretary of State has made a certification under paragraph (6)(b) of that regulation the period mentioned in paragraph (7) of that regulation, but otherwise without delay—
  • (a) in a case where the persons cease to be designated persons, take such steps as are reasonably practicable to inform persons of the specified description that they have ceased to be designated persons, or
  • (b) in any other case, take such steps as are reasonably practicable to give each person of the specified description a statement of reasons.
  • (5) In this regulation, a “statement of reasons” means a brief statement of the matters that the Secretary of State knows, or has reasonable cause to suspect, in relation to persons of the specified description—
  • (a) in the case of a designation under the standard procedure, which have led the Secretary of State to make the provision designating persons of that description, and
  • (b) in the case of a designation under the urgent procedure, as a result of which the persons do not cease to be designated persons at the end of the period mentioned in regulation 7(6) or (7) (as the case may be).
  • (6) Matters that would otherwise be required by paragraph (5) to be included in a statement of reasons may be excluded from it where the Secretary of State 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
  • (c) in the interests of justice.
  • (a) unless one or more of the restricted publicity conditions is met, be steps to publicise generally—
  • (i) the designation, variation or revocation, and
  • (ii) in the case of—
  • (aa) a designation under the standard procedure, the statement of reasons relating to it;
  • (bb) a designation under the urgent procedure, the statement required under paragraph (3)(b) relating to it;
  • (b) if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of—
  • (i) the designation, variation or revocation, and
  • (ii) in the case of—
  • (aa) a designation under the standard procedure, the contents of the statement of reasons relating to it;
  • (bb) a designation under the urgent procedure, the contents of the statement required under paragraph (3)(b) relating to it.
  • (8) The “restricted publicity conditions” are that the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted—
  • (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
  • (c) in the interests of justice.
  • (a) when a designation is made, one or more of the restricted publicity conditions is met, but
  • (b) at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met.
  • (10) The Secretary of State must—
  • (a) take such steps as are reasonably practicable to inform persons of the specified description that none of the restricted publicity conditions is now met, and
  • (b) take steps to publicise generally the designation and the statement of reasons, or the statement required under paragraph (3)(b), relating to it.
  • (11) In this regulation—
  • “condition D” means the condition set out in regulation 7(10);
  • “condition E” means the condition set out in regulation 7(11).

Confidential information in certain cases where designation power used

12

  • (1) Where the Secretary of State in accordance with regulation 10(7)(b) (notification and publicity where power to designate by name is used) or regulation 11(7)(b) (notification and publicity where power to designate by description is used) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, or the statement to be given under regulation 10(3)(b) or 11(3)(b), the Secretary of State may specify that any of that information is to be treated as confidential.
  • (2) A person (“P”) who—
  • (a) is provided with information that is to be treated as confidential in accordance with paragraph (1), or
  • (b) otherwise obtains such information,

must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.

  • (3) The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
  • (4) For this purpose information is disclosed with lawful authority only if and to the extent that—
  • (a) the disclosure is by, or is authorised by, the Secretary of State,
  • (b) the disclosure is by or with the consent of the person who is or was the subject of the designation,
  • (c) the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or
  • (d) the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.
  • (5) This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.
  • (6) A person who contravenes the prohibition in paragraph (2) commits an offence.
  • (7) The High Court (in Scotland, the Court of Session) may, on the application of—
  • (a) the person who is the subject of the information, or
  • (b) the Secretary of State,

grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).

  • (8) In paragraph (4)(c), “enactment” has the meaning given by section 54(6) (regulations: general) of the Act.

Part 3 — Finance

Meaning of “designated person” in Part 3

13

In this Part, a “designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of regulations 14 to 18 (asset-freeze etc).

Asset-freeze in relation to designated persons

14

  • (1) A person (“P”) must not deal with funds or economic resources owned, held or controlled by a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
  • (3) A person who contravenes the prohibition in paragraph (1) commits an offence.
  • (4) For the purposes of paragraph (1) a person “deals with” funds if the person—
  • (a) uses, alters, moves, transfers or allows access to the funds,
  • (b) deals with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or
  • (c) makes any other change, including portfolio management, that would enable use of the funds.
  • (5) For the purposes of paragraph (1) a person “deals with” economic resources if the person—
  • (a) exchanges the economic resources for funds, goods or services, or
  • (b) uses the economic resources in exchange for funds, goods or services (whether by pledging them as security or otherwise).
  • (6) The reference in paragraph (1) to funds or economic resources that are “owned, held or controlled” by a person includes, in particular, a reference to—
  • (a) funds or economic resources in which the person has any legal or equitable interest, regardless of whether the interest is held jointly with any other person and regardless of whether any other person holds an interest in the funds or economic resources;
  • (b) any tangible property (other than real property) or bearer security that is comprised in funds or economic resources and is in the possession of the person.
  • (7) For the purposes of paragraph (1) funds or economic resources are to be treated as owned, held or controlled by a designated person if they are owned, held or controlled by a person who is owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by the designated person.
  • (8) For the avoidance of doubt, the reference in paragraph (1) to a designated person includes P if P is a designated person.

Making funds available to designated persons

15

  • (1) A person (“P”) must not make funds available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
  • (3) A person who contravenes the prohibition in paragraph (1) commits an offence.
  • (4) The reference in paragraph (1) to making funds available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by the designated person.

Making funds available for benefit of designated persons

16

  • (1) A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
  • (3) A person who contravenes the prohibition in paragraph (1) commits an offence.
  • (4) The reference in paragraph (1) to making funds available to any person for the benefit of a designated person includes making funds available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by the designated person (and references to designated person in paragraph (5) are to be read accordingly).
  • (a) funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
  • (b) “financial benefit” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible.

Making economic resources available to designated persons

17

  • (1) A person (“P”) must not make economic resources available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect—
  • (a) that P is making the economic resources so available, and
  • (b) that the designated person would be likely to exchange the economic resources for, or use them in exchange for, funds, goods or services.
  • (3) A person who contravenes the prohibition in paragraph (1) commits an offence.
  • (4) The reference in paragraph (1) to making economic resources available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by the designated person.

Making economic resources available for benefit of designated persons

18

  • (1) A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
  • (2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
  • (3) A person who contravenes the prohibition in paragraph (1) commits an offence.
  • (4) The reference in paragraph (1) to making economic resources available to any person for the benefit of a designated person includes making economic resources available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by the designated person (and references to designated person in paragraph (5) are to be read accordingly).
  • (a) economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
  • (b) “financial benefit” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible.

Circumventing etc. prohibitions

19

  • (1) A person must not intentionally participate in activities knowing that the object or effect of them is (whether directly or indirectly)—
  • (a) to circumvent any of the prohibitions in regulations 14 to 18 (asset-freeze etc.), or
  • (b) to enable or facilitate the contravention of any such prohibition.
  • (2) A person who contravenes the prohibition in paragraph (1) commits an offence.

Part 4 — Director disqualification sanctions

Director disqualification sanctions

20

A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is subject to director disqualification sanctions for the purposes of—

  • (a) section 11A (designated persons under sanctions legislation) of the Company Directors Disqualification Act 1986[^f00003], and
  • (b) article 15A (designated persons under sanctions legislation) of the Company Directors Disqualification (Northern Ireland) Order 2002[^f00004].

Part 5 — Immigration

Immigration

21

A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is an excluded person for the purposes of section 8B (persons excluded from the United Kingdom under certain instruments) of the Immigration Act 1971[^f00005].

Part 6 — Exceptions and licences

Finance: exceptions from prohibitions

22

  • (1) The prohibition in regulation 14 (asset-freeze in relation to designated persons) is not contravened by an independent person (“P”) transferring to another person a legal or equitable interest in funds or economic resources where, immediately before the transfer, the interest—
  • (a) is held by P, and
  • (b) is not held jointly with the designated person.
  • (2) In paragraph (1), “independent person” means a person who—
  • (a) is not the designated person, and
  • (b) is not owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by the designated person.
  • (3) The prohibitions in regulations 14 to 16 (asset-freeze in relation to, and making funds available to, or for the benefit of, designated persons) are not contravened by a relevant institution crediting a frozen account with interest or other earnings due on the account.
  • (4) The prohibitions in regulations 15 and 16 (making funds available to, or for the benefit of, designated persons) are not contravened by a relevant institution crediting a frozen account where it receives funds transferred to that institution for crediting to that account.
  • (5) The prohibitions in regulations 15 and 16 are not contravened by the transfer of funds to a relevant institution for crediting to an account held or controlled (directly or indirectly) by a designated person, where those funds are transferred in discharge (or partial discharge) of an obligation which arose before the date on which the person became a designated person.
  • (6) The prohibitions in regulations 14 to 16 are not contravened in relation to a designated person (“P”) by a transfer of funds from account A to account B, where—
  • (c) accounts A and B are held or controlled (directly or indirectly) by P.
  • “designated person” has the same meaning as it has in Part 3 (Finance);
  • “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person;
  • (a) references to a designated person are to be read as including a person (“C”) who is owned or controlled directly or indirectly by the designated person (“D”) in accordance with regulation 9 (meaning of “owned or controlled directly or indirectly”), and
  • (b) in respect of C, the reference in paragraph (5) to the “date on which the person became a designated person” is to be read as the date on which D became a designated person.

Finance: exception from prohibitions for required payments

23

  • (1) This regulation applies to required payments within the meaning of paragraph (2).
  • (2) A required payment is a payment which—
  • (a) a designated person is required to make under or by virtue of any enactment to—
  • (i) the registrar of companies,
  • (ii) the Commissioners for His Majesty's Revenue and Customs,
  • (iii) the Welsh Revenue Authority,
  • (iv) Revenue Scotland,
  • (v) the Financial Conduct Authority,
  • (vi) the Secretary of State,
  • (vii) the Welsh Ministers,
  • (viii) the Department of Finance in Northern Ireland, or
  • (ix) a local authority, and
  • (b) is not an excluded payment.
  • (3) The prohibitions in regulations 14 (asset-freeze in relation to designated persons) and 16 (making funds available for benefit of designated person) are not contravened by a person making a required payment.
  • (4) Where a required payment is made by a person other than a designated person, the prohibition in regulation 14 is not contravened by the designated person making a reimbursement payment to that person.
  • (5) The reference in paragraph (3) to a person making a required payment includes a designated person, but only where they are making a required payment on their own behalf.
  • (6) The following payments are to be treated as payments which a designated person is required to make under or by virtue of an enactment for the purposes of this regulation, where made by a designated person on their own behalf or by a person, other than a designated person, on behalf of a designated person—
  • (a) a payment to the Financial Conduct Authority of a levy imposed by the scheme manager of the Financial Services Compensation Scheme by virtue of section 213 (the compensation scheme) of the Financial Services and Markets Act 2000[^f00012];
  • (b) a payment to the Financial Conduct Authority which is collected by that Authority on behalf of the Financial Reporting Council Limited[^f00013].
  • (7) For the purposes of this regulation, references to a designated person are to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 9 (meaning of “owned or controlled directly or indirectly”)) by the designated person.
  • (8) In this regulation—
  • “BID levy” means a levy that is imposed on those persons who are, in respect of particular business improvement district proposals, entitled to vote in accordance with section 39(3) (entitlement to vote in ballot) of the Planning etc. (Scotland) Act 2006[^f00014];
  • “business improvement district” has the meaning given in section 33 (arrangements with respect to business improvement districts) of the Planning etc. (Scotland) Act 2006;
  • “designated person” has the same meaning as it has in Part 3 (Finance);
  • “enactment” has the meaning given in section 54(6) (regulations: general) of the Act[^f00015];
  • “excluded payment” means, in relation to— the registrar of companies, a payment of fees for— the incorporation of a firm; the restoration of a firm to a register which is administered by the registrar; the Financial Conduct Authority, a payment of fees for— an application for permission from, authorisation by, registration with or recognition from the Financial Conduct Authority which relates to the carrying on of any activity falling within any function of the Financial Conduct Authority; an application for a variation of such permission, authorisation, registration or recognition; an application for listing or for eligibility for listing; an application for review or approval of a document relating to listing; an application for approval as a sponsor or primary information provider; an application for review or approval of— a document under rules made by the Financial Conduct Authority by virtue of Part 3 (Regulation of public offers and admissions to trading) of the Public Offers and Admissions to Trading Regulations 2024[^f00016]; listing particulars under section 79 (listing particulars and other documents) of the Financial Services and Markets Act 2000[^f00017] or supplementary listing particulars under section 81 (supplementary listing particulars) of that Act[^f00018]; the Secretary of State or the Welsh Ministers, a payment that a designated person is required to make under or by virtue of an enactment other than a payment under or by virtue of Part 3 (Non-domestic rating) of the Local Government Finance Act 1988[^f00019]; the Department of Finance in Northern Ireland, a payment that a designated person is required to make under or by virtue of an enactment other than a payment under or by virtue of Part 2 (Rating) of the Rates (Northern Ireland) Order 1977[^f00020]; a local authority, a payment that a designated person is required to make under or by virtue of an enactment other than a payment under or by virtue of— Part 1 (Finance) of the Local Government (Scotland) Act 1975[^f00021]; Part 3 (Non-domestic rating) of the Local Government Finance Act 1988[^f00022]; Parts 1 (Council tax: England and Wales) and 2 (Council tax: Scotland) of the Local Government Finance Act 1992[^f00023]; Part 4 (Business improvement districts) of the Local Government Act 2003[^f00024]; Part 9 (Business improvement districts) of the Planning etc. (Scotland) Act 2006; the Business Rate Supplements Act 2009[^f00025]; the Business Improvement Districts Act (Northern Ireland) 2013[^f00026];
  • “firm” has the meaning given in section 1173(1) (minor definitions) of the Companies Act 2006[^f00027];
  • “listing” means being included in the official list maintained by the Financial Conduct Authority in accordance with Part 6 (Official listing) of the Financial Services and Markets Act 2000;
  • “local authority” means— in relation to England— a district council; a county council for any area for which there is no district council; a London borough council; the Common Council of the City of London in its capacity as a local authority; the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council; in relation to Scotland, a council constituted under section 2 (constitution of councils) of the Local Government etc. (Scotland) Act 1994[^f00028] or a person appointed by such a council for the purposes of the administration, collection and recovery of a BID levy; in relation to Northern Ireland, a district council;
  • “primary information provider” has the meaning given in section 89P(2) (primary information providers) of the Financial Services and Markets Act 2000[^f00029];
  • “registrar of companies” has the meaning given in section 1060 (the registrar) of the Companies Act 2006;
  • “reimbursement payment” means a repayment from the designated person to the person who made a required payment which is of the same amount as that required payment;
  • “scheme manager” has the meaning given in section 212 (the scheme manager) of the Financial Services and Markets Act 2000[^f00030];
  • “sponsor” has the meaning given in section 88(2) (sponsors) of the Financial Services and Markets Act 2000[^f00031].

Finance: exception for authorised conduct in a relevant country

24

  • (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 14 to 18 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is—
  • (a) issued under the law of the relevant country, and
  • (b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
  • (a) any of the Channel Islands;
  • (b) the Isle of Man;
  • (c) any British overseas territory.

Exception for acts done for purposes of national security or prevention of serious crime

25

  • (1) Where an act would, in the absence of this paragraph, be prohibited by regulation 12(2) (confidentiality) or any prohibition in Part 3 (Finance), that prohibition does not apply to the act if the act is one which a responsible officer has determined would be in the interests of—
  • (a) national security, or
  • (b) the prevention or detection of serious crime in the United Kingdom or elsewhere.
  • (2) Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 7 (Information and records), that requirement does not apply if a responsible officer has determined that not doing the thing in question would be in the interests of—
  • (a) national security, or
  • (b) the prevention or detection of serious crime in the United Kingdom or elsewhere.
  • (3) In this regulation, “responsible officer” means a person in the service of the Crown or holding office under the Crown, acting in the course of that person's duty.

Treasury licences

26

  • (1) The prohibitions in regulations 14 to 18 (asset-freeze etc.) do not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.
  • (2) The Treasury may issue a licence which authorises acts by a particular person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Schedule 2 (Treasury licences: purposes).

Director disqualification licences

27

The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 (power to designate persons) for the purposes of regulation 20 (director disqualification sanctions) providing that the prohibitions in—

  • (a) section 11A (designated persons under sanctions legislation) of the Company Directors Disqualification Act 1986, and
  • (b) Article 15A (designated persons under sanctions legislation) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.

Licences: general provisions

28

  • (1) This regulation applies in relation to Treasury licences and director disqualification licences.
  • (2) A licence must specify the acts authorised by it.
  • (3) A licence may be general or may authorise acts by a particular person or persons of a particular description.
  • (4) A licence may—
  • (a) contain conditions;
  • (b) be of indefinite duration or a defined duration.
  • (5) A person who issues a licence may vary, revoke or suspend it at any time.
  • (6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.
  • (7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

Notices

29

  • (2) The notice may be given to an individual—
  • (a) by delivering it to the individual,
  • (b) by sending it to the individual by post addressed to the individual at his or her usual or last-known place of residence or business, or
  • (c) by leaving it for the individual at that place.
  • (3) The notice may be given to a person other than an individual—
  • (a) by sending it by post to the proper officer of the body at its principal office, or
  • (b) by addressing it to the proper officer of the body and leaving it at that office.
  • (4) The notice may be given to the person by electronic means.
  • (5) The notice may be given to the person by other means with the person's consent.
  • (a) in relation to a registered company, is to be read as a reference to the company's registered office;
  • (b) in relation to a body incorporated or constituted under the law of a country other than the United Kingdom, includes a reference to the body's principal office in the United Kingdom (if any).
  • “proper officer”— in relation to a body other than a partnership, means the secretary or other executive officer charged with the conduct of the body’s general affairs, and in relation to a partnership, means a partner or a person who has the control or management of the partnership business;
  • “registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom.

Finance: licensing offences

30

  • (1) A person (“P”) commits an offence if P knowingly or recklessly—
  • (a) provides information that is false in a material respect, or
  • (b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a Treasury licence (whether for P or anyone else).

  • (2) A person who purports to act under the authority of a Treasury licence but who fails to comply with any condition of the licence commits an offence.

Director disqualification: licensing offences

31

  • (1) A person (“P”) commits an offence if P knowingly or recklessly—
  • (a) provides information that is false in a material respect, or
  • (b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

  • (2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.
  • (3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

Section 8B(1) to (3) of the Immigration Act 1971: directions

32

  • (1) The Secretary of State may direct that, in relation to any person within regulation 21 (immigration) whose name is specified, or who is of a specified description, section 8B(1) and (2) (persons excluded from the United Kingdom under certain instruments) of the Immigration Act 1971, or section 8B(3) of that Act, have effect subject to specified exceptions.
  • (a) may contain conditions;
  • (b) must be of a defined duration (and that duration may be expressed in any way, including, for example, being expressed in a way such that the direction ceases to have effect on, or within a specified period after, the occurrence of a specified event).
  • (3) The Secretary of State may vary, revoke or suspend a direction under this regulation at any time.
  • (4) On the issue, variation, revocation or suspension of a direction under this regulation, the Secretary of State may take such steps as the Secretary of State considers appropriate to publicise the issue, variation, revocation or suspension of the direction.

Part 7 — Information and records

Finance: reporting obligations

33

  • (1) A relevant firm must inform the Treasury as soon as practicable if—
  • (a) it knows, or has reasonable cause to suspect, that a person—
  • (i) is a designated person, or
  • (ii) has breached a prohibition or failed to comply with an obligation under any provision of Part 3 (Finance) or regulation 30 (finance: licensing offences), and
  • (b) the information or other matter on which the knowledge or cause for suspicion is based came to it in the course of carrying on its business.
  • (2) Where a relevant firm informs the Treasury under paragraph (1), it must state—
  • (a) the information or other matter on which the knowledge or suspicion is based, and
  • (b) any information it holds about the person by which the person can be identified.
  • (a) a relevant firm informs the Treasury under paragraph (1) that it knows, or has reasonable cause to suspect, that a person is a designated person, and
  • (b) that person is a customer of the relevant firm.
  • (4) The relevant firm must also state the nature and amount or quantity of any funds or economic resources held by it for the customer at the time when it first had the knowledge or suspicion.

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