The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 573
Exiting The European Union
Sanctions
The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019
Made 14th March 2019
Laid before Parliament 15th March 2019
Coming into force in accordance with regulation 1(2)
The Secretary of State1, in exercise of the powers conferred by sections 1(1)(a) and (c) and (3), 3(1)(a), (b)(i) and (d)(i), 4, 5, 9(2)(a), 10(2)(a) and (c), (3) and (4), 11(2) to (9), 15(2)(a) and (b), (3), (4)(b), (5) and (6), 16, 17(2) to (9), 19, 20, 21(1), 54(1) and (2)(a), 56(1) and 62(4) and (5) of, and paragraphs 2(a)(i), 4(a)(i), 5(a)(i), 6(a)(i), 10(a)(i), 11(a)(i), 13(a), (g), (k), (m), (w), 14(a), 20, 21 and 27 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 20182, and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations:
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019.
(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Act.
Interpretation
2. In these Regulations—
“the Act” means the Sanctions and Anti-Money Laundering Act 2018;
“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of the Schedule to these Regulations for meaning of that term in that Schedule);
“CEMA” means the Customs and Excise Management Act 19793;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“conduct” includes acts and omissions;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“the EU autonomous ISIL (Da’esh) and Al-Qaida) Regulation” means Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them, as it has effect in EU law;
“resolution 1373” means resolution 1373 (2001) adopted by the Security Council on 28 September 2001;
“Treasury licence” means a licence under regulation 31(1);
“United Kingdom person” has the same meaning as in section 21 of the Act.
Application of prohibitions and requirements outside the United Kingdom
3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.
(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.
(3) In this regulation a “relevant prohibition” means any prohibition imposed by—
(a)
(a) regulation 9(2) (confidential information),
(b)
(b) Part 3 (finance),
(c)
(c) Part 5 (trade), or
(d)
(d) a condition of a Treasury licence.
(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.
(5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.
(6) In this regulation a “relevant requirement” means any requirement imposed—
(a)
(a) by or under Part 7 (information and records), or by reason of a request made under a power conferred by that Part, or
(b)
(b) by a condition of a Treasury licence.
(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.
Purposes
4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—
(a)
(a) compliance with the relevant UN obligations, and
(b)
(b) the additional purpose of furthering the prevention of terrorism4in the United Kingdom or elsewhere, otherwise than by compliance with the relevant UN obligations.
(2) In this regulation, “the relevant UN obligations” means the obligations the United Kingdom has by virtue of paragraphs 1 and 2 of resolution 1373.
PART 2
Designation of persons
Power to designate persons
5.—(1) The Secretary of State may designate persons5by name, for the purposes of any of the following—
(a)
(a) regulations 11 to 15 (asset freeze etc.);
(b)
(b) regulation 17 (immigration);
(c)
(c) regulations 19 to 26 (trade).
(2) The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1).
Criteria for designating a person
6.—(1) The Secretary of State may not designate a person under regulation 5 unless the Secretary of State—
(a)
(a) has reasonable grounds to suspect that that person is an involved person, and
(b)
(b) considers that the designation of that person is appropriate, having regard to—
(i) the purposes stated in regulation 4, and
(ii) the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).
(2) In this regulation an “involved person” means a person who—
(a)
(a) is or has been involved in terrorist activity,
(b)
(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,
(c)
(c) is acting on behalf of or at the direction of a person who is or has been so involved, or
(d)
(d) is a member of, or associated with, a person who is or has been so involved.
(3) Any reference in this regulation to being involved in terrorist activity includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—
(a)
(a) being responsible for, engaging in, or providing support for, the commission, preparation or instigation of acts of terrorism,
(b)
(b) providing financial services, or making available funds or economic resources, for the purposes of terrorism,
(c)
(c) facilitating, promoting or encouraging terrorism,
(d)
(d) providing or receiving training for the purposes of terrorism,
(e)
(e) travelling or attempting to travel from or into the relevant territory for the purposes of terrorism,
(f)
(f) carrying out recruitment activities for a person who is involved in terrorism,
(g)
(g) being involved in the sale, supply or transfer of arms or material related to arms to a person who is involved in terrorism,
(h)
(h) engaging in trade of whatever description with a person who is involved in terrorism;
(i)
(i) being responsible for, engaging in, being complicit in, providing support for, or promoting, the abduction, enslavement, forced marriage or rape of, or sexual violence against, persons outside the relevant territory on behalf of, or in the name of, a person who is involved in terrorism;
(j)
(j) supporting or assisting any person who is known or believed by the person concerned to be involved in any activity as mentioned in paragraphs (a) to (i); or
(k)
(k) is involved in assisting the contravention or circumvention of any relevant provision.
(4) In this regulation “recruitment activities” means—
(a)
(a) soliciting another person to—
(i) become a member of a person, other than an individual, involved in terrorism, or
(ii) participate in any act by, in conjunction with, in the name of, on behalf of or in support of a person involved in terrorism;
(b)
(b) soliciting or otherwise procuring funds for the purpose of financing the travel of a person solicited as mentioned in sub-paragraph (a);
(c)
(c) organising, providing support for or otherwise facilitating the travel of a person solicited as mentioned in sub-paragraph (a).
(5) In this regulation—
being “associated with” a person includes pledging allegiance in whatever way to that person;
“promoting or encouraging” terrorism includes a reference to a person who promotes or encourages terrorism within the meaning of section 3 of the Terrorism Act 20006;
“relevant provision” means—
(a) any provision of Part 3 (finance) or Part 5 (trade);
(b) any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 or Part 5;
“relevant territory” means the United Kingdom and the territory of the Member States of the European Union.
(6) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.
Meaning of “owned or controlled directly or indirectly”
7.—(1) A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).
(2) The first condition is that P—
(a)
(a) holds directly or indirectly more than 50% of the shares in C,
(b)
(b) holds directly or indirectly more than 50% of the voting rights in C, or
(c)
(c) holds the right directly or indirectly to appoint or remove a majority of the board of directors of C.
(3) The Schedule to these Regulations contains provision applying for the purpose of interpreting paragraph (2).
(4) The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and, whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P’s wishes.
Notification and publicity where designation power used
8.—(1) Paragraph (2) applies where the Secretary of State—
(a)
(a) has made a designation under regulation 5, or
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