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The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 (Version in vigour from 2023-02-07 to )

Consolidated Text As Enacted Cited authorities 63 Cited in Related
Vincent
CurrencyNo known outstanding effects
Coming into Force07 February 2023
(1) This Order may be cited as the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 and shall come into force on 19th January 2020.(2) Subject to paragraph (3) this Order extends to the United Kingdom.a person in the United Kingdom;a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;a person who under the British Nationality Act 1981 a British protected person within the meaning of that Act;a body incorporated under the law of any part of the United Kingdom.(1) In this Order—
  • “the 2000 Act” means the Financial Services and Markets Act 2000 ;
  • “body corporate” includes a Scottish partnership and “a body incorporated under the law of any part of the United Kingdom” is to be interpreted accordingly;
  • “frozen funds” has the meaning in article 4(1) ;
  • “funds” means financial assets and economic benefits of any kind, including (but not limited to) —
    • (a) gold, cash, cheques, claims on money, drafts, money orders and other payment instruments;
    • (b) deposits with relevant institutions or other persons, balances on accounts, debts and debt obligations;
    • (c) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;
    • (d) interest, dividends or other income on or value accruing from or generated by assets;
    • (e) credit, rights of set-off, guarantees, performance bonds or other financial commitments;
    • (f) letters of credit, bills of lading, bills of sale; and
    • (g) documents providing evidence of an interest in funds or financial resources.
a person who has permission under Part 4A of the 2000 Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 22 any relevant order under that section Schedule 2 Andrey Lugovoy; andDmitri Kovtun.(2) If a specified person makes a written request, the Treasury must as soon as is practicable, and in writing, give him the reason why he has been specified.funds owned, held or controlled by Andrey Lugovoy; andfunds owned, held or controlled by Dmitri Kovtun.(2) A person must not make frozen funds available to or for the benefit of a specified person.(3) A person must not make frozen funds available to a person at the direction or instruction of a specified person.(4) A person must not deal with frozen funds.allowing a specified person to withdraw from an account;honouring a cheque payable to a specified person;crediting a specified person's account with interest;releasing documents of title (such as share certificates) held on behalf of a specified person;making available the proceeds of realisation of property belonging to a specified person; andmaking a payment to or for the benefit of a specified person.use, alter, move, allow access to or transfer;deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; ormake any other change that would enable use, including portfolio management.(1) A person referred to in article 1(3) who fails to comply with a prohibition imposed by article 4 commits an offence.(2) A person who engages in an activity knowing or intending that it will enable or facilitate the commission by another person of an offence under paragraph (1) commits an offence.in relation to the prohibition in article 4(2) , the person to whom or for whose benefit frozen funds were made available, or were to be made available;in relation to the prohibition in article 4(3) , the person at the direction or instruction of whom frozen funds were made available, or were to be made available;in relation to the prohibition in article 4(4) , the person who owned, held or controlled the frozen funds,(1) The Treasury may, by licence, authorise frozen funds to be made available.(2) A licence may authorise a person to deal with frozen funds.(3) The prohibitions in article 4 do not apply in respect of frozen funds made available or dealt with in accordance with a licence granted under this article.of indefinite duration or subject to an expiry date;subject to conditions;granted generally or to a person or persons named or described in the licence;granted in relation to frozen funds generally or to funds of a description specified in the licence.generally or for purposes specified in the licence;to or for the benefit of persons generally or a person or persons named or described in the licence.(6) The Treasury may vary or revoke a licence at any time.in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, andin the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the licence, variation or revocation.apply in writing; andinclude such documentation and information that may be required for taking the relevant licensing decision.are not required to consider an application which is incomplete; butif an application is incomplete, must inform the applicant of the further documentation or information required.(3) The Treasury may grant a licence without an application having been made.(4) The Treasury may authorise a person to grant licences on their behalf.(5) A person (“P”) who provides information, or produces a document, which P knows is false in a material particular with a view to obtaining a licence is guilty of an offence.(6) A person who recklessly provides information, or produces a document, which is false in a material particular with a view to obtaining a licence is guilty of an offence.
  • The Schedule (which contains provisions concerning information and documents, and disclosure) has effect.
    • on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both;in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before F162nd May 2022, 6 months) or to a fine, or to both;in

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