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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 No. 394 URL: https://www.bailii.org/uk/legis/num_reg/2025/uksi_2025394_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
SANCTIONS
Made
26th March 2025
Laid before Parliament
27th March 2025
Coming into force
18th April 2025
The Secretary of State, considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 2018( 1) is met, makes the following Regulations in exercise of the powers conferred by sections 1, 10(2), (3) and (4), 11, 17(2), (3) and (6), 45 and 54(1)(a) of the Sanctions and Anti-Money Laundering Act 2018( 2).
1.—(1) These Regulations may be cited as the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025.
(2) They come into force on 18th April 2025.
(3) They extend to England and Wales, Scotland and Northern Ireland.
2.—(1) The Venezuela (Sanctions) (EU Exit) Regulations 2019( 3) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
(6) In regulation 56(3B) (trade enforcement: application of CEMA), after “offence under” insert “regulation 29(3) (provision of interception and monitoring services) or”.
3.—(1) The Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019( 4) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons, by name,” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
4.—(1) The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019( 5) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 (power to designate persons) insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), for the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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 that person, and
(iii) setting out why the Secretary of State considers that condition C is met.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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 ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
5.—(1) The South Sudan (Sanctions) (EU Exit) Regulations 2019( 6) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
6.—(1) The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019( 7) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons, by name,” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
7.—(1) The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019( 8) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
8.—(1) The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019( 9) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
9.—(1) The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019( 10) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Treasury may choose whether to designate a person under regulation 5 (power to designate persons) under—
(a) the standard procedure, or
(b) the urgent procedure.
(2) Paragraph (3) applies where the Treasury choose to designate a person under regulation 5 under the standard procedure.
(3) The Treasury may not designate a person except where condition A is met.
(4) Condition A is that the Treasury have reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Treasury choose to designate a person under regulation 5 under the urgent procedure.
(6) The Treasury may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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 Treasury certify that—
(a) condition A is met, or
(b) conditions B and C continue to be met.
(8) Where the Treasury make a certification under paragraph (7)(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 (7), unless within that period the Treasury certify that condition A is met.
(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 Treasury consider 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 Treasury consider—
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of person by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Treasury designate a person under the standard procedure, must include a statement of reasons;
(b) where the Treasury designate a person under the urgent procedure, must include a statement—
(i) that the designation is made under the urgent procedure,
(ii) identifying the relevant provision by reference to which the Treasury consider that condition B is met in relation to the person, and
(iii) setting out why the Treasury consider that condition C is met.
(3A) Where the Treasury designate a person under the urgent procedure, the Treasury must, after the end of the period mentioned in paragraph (7) of regulation 5A (conditions for the designation of persons by name) or, if the Treasury have made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) In this regulation, a “ statement of reasons ” means a brief statement of the matters that the Treasury know, or have reasonable grounds to suspect, in relation to the person—
(a) in the case of a designation under the standard procedure, which have led the Treasury 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 5A(7) or (8) (as the case may be). ”.
10. In the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019( 11), in regulation 5A(4), for “the Minister” substitute “the Secretary of State”.
11.—(1) The Zimbabwe (Sanctions) (EU Exit) Regulations 2019( 12) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Treasury may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Treasury chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”;
12.—(1) The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019( 13) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons, by name,” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
13.—(1) The Syria (Sanctions) (EU Exit) Regulations 2019( 14) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
(6) In regulation 84 (trade enforcement: application of CEMA), after paragraph (3B)(b) insert—
“(ba) regulation 32(3) (transfer of technology prohibition) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the United Kingdom, to interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or chemical and biological weapons-related goods and chemical and biological weapons-related technology, ”.
14.—(1) The Russia (Sanctions) (EU Exit) Regulations 2019( 15) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (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 regulation 5(1) under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5(1) under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulations 5A and 6A (conditions for the designation of persons)”.
(5) In regulation 6A(13) (conditions for the designation of persons by description)( 16), for “(designation criteria)” substitute “(designation criteria: meaning of “involved person”)”.
(6) In regulation 8 (notification and publicity where designation power used)—
(a) in the heading, for “designation power” substitute “power to designate by name is”;
(b) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(c) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
15.—(1) The Guinea (Sanctions) (EU Exit) Regulations 2019( 17) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5, insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
16.—(1) The Cyber (Sanctions) (EU Exit) Regulations 2020( 18) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name), or if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
17.—(1) The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020( 19) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons, by name,” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
18.—(1) The Nicaragua (Sanctions) (EU Exit) Regulations 2020( 20) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
19.—(1) The Central African Republic (Sanctions) (EU Exit) Regulations 2020( 21) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
20.—(1) The Somalia (Sanctions) (EU Exit) Regulations 2020( 22) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 (power to designate persons) insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
21.—(1) The Global Human Rights Sanctions Regulations 2020( 23) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
22.—(1) The Mali (Sanctions) (EU Exit) Regulations 2020( 24) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
23.—(1) The Sudan (Sanctions) (EU Exit) Regulations 2020( 25) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
24.—(1) The Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020( 26) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
25.—(1) The Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020( 27) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
26.—(1) The Libya (Sanctions) (EU Exit) Regulations 2020( 28) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (criteria for designating a person)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
27.—(1) The Global Anti-Corruption Sanctions Regulations 2021( 29) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
28.—(1) The Myanmar (Sanctions) Regulations 2021( 30) are amended as follows.
(2) In regulation 5(1) (power to designate persons) after “persons by name” insert “in accordance with regulation 5A (conditions for the designation of persons by name)”.
(3) After regulation 5 insert—
5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) 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 regulation 5 under the standard procedure.
(3) The Secretary of State may not designate a person except where condition A is met.
(4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
(6) The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
(7) The 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.
(8) Where the Secretary of State makes a certification under paragraph (7)(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 (7), unless within that period the Secretary of State certifies that condition A is met.
(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 6 (designation criteria: meaning of “involved person”). ”.
(4) In regulation 6 (designation criteria)—
(a) for the heading, substitute “Designation criteria: meaning of “involved person””;
(b) omit paragraph (1);
(c) in paragraph (2), in the words before sub-paragraph (a), for “In this regulation” substitute “For the purposes of regulation 5A (conditions for the designation of persons by name)”.
(5) In regulation 8 (notification and publicity where designation power used)—
(a) for paragraph (3) substitute—
“(3) The information given under paragraph (2)(a)—
(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—
(i) that the designation 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.
(3A) 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 (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) 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. ”;
(b) for paragraph (4) substitute—
“(4) 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 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 5A(7) or (8) (as the case may be). ”.
Stephen Doughty
Minister of State
Foreign, Commonwealth and Development Office
26th March 2025
(This note is not part of the Regulations)
These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13)(“ the Sanctions Act”). They make amendments to a number of sanctions regulations which have been made under section 1 of the Sanctions Act.
The Regulations make provision to reflect amendments to the Sanctions Act made by the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10)(“ the 2022 Act”) which introduced an urgent procedure when designating by name. The 2022 Act provides for sanctions regulations made before the 2022 Act was passed to have effect as if they contain the new procedure, but these Regulations amend the following sanctions regulations to reflect the new procedure on the face of the regulations—
the Venezuela (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/135),
the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/411),
the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/433),
the South Sudan (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/438),
the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 ( S.I. 2019/461),
the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/554),
the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/573),
the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/577),
the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/604),
the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/618),
the Syria (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/792),
the Russia (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/855),
the Guinea (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/1145),
the Cyber (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/597),
the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/608),
the Nicaragua (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/610),
the Central African Republic (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/616),
the Somalia (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/642),
the Global Human Rights Sanctions Regulations 2020 ( S.I. 2020/680),
the Mali (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/705),
the Sudan (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/753),
the Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020 ( S.I. 2020/1278),
the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/1474),
the Libya (Sanctions) (EU Exit) Regulations 2020 ( S.I. 2020/1665),
the Global Anti-Corruption Sanctions Regulations 2021 ( S.I. 2021/488), and
the Myanmar (Sanctions) Regulations 2021 ( S.I. 2021/496).
The Regulations also amend provisions of the Venezuela (Sanctions) (EU Exit) Regulations 2019 and the Syria (Sanctions) (EU Exit) Regulations 2019 relating to the enforcement of trade sanctions, in particular as regards the application of enforcement provisions of the Customs and Excise Management Act 1979 (c. 2)(see regulation 2(6) and regulation 13(6)).
The Regulations amend the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/600) to correct an error contained in the amending S.I. 2022/748(see regulation 10).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
2018 c. 13. The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State. Section 45 is amended by sections 57(4) and 62(3) of the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10).
Section 1(4) is repealed by section 57(2) of the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10)and section 35(2) of the Economic Crime and Corporate Transparency Act 2023 (c. 56)amends section 1(5).
S.I. 2019/135, amended by the Sentencing Act 2020 (c. 17), Schedule 24, paragraph 446(1) and by S.I. 2020/590, 951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2019/411, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2019/843, 2020/591, 950, 2022/500, 819, 2023/121, 149, 2024/644, 1157.
S.I. 2019/433, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/591, 950, 2021/1041, 2022/500, 819, 1236, 2023/121, 149, 2024/644, 1157.
S.I. 2019/438, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2019/1236, 2020/591, 950, 2022/500, 819, 2023/121, 149, 2024/644, 1157.
S.I. 2019/461, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2019/843, 2020/591, 950, 2022/500, 819, 2023/121, 149, 2024/644, 1157.
S.I. 2019/554; amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/590, 951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2019/573, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2019/843, 2020/591, 950, 1289, 2022/500, 819, 2023/149, 2024/644, 946, 1157.
S.I. 2019/577, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/950, 1289, 2022/500, 819, 2023/149, 2024/644, 946, 1157.
S.I. 2019/600, amended by the Sentencing Act 2020 (c. 17), Schedule 24, paragraph 446(1) and by S.I. 2020/590, 951, 2021/1146, 2022/500, 748, 818, 2023/149, 616, 2024/643, 1157. Regulation 5A was inserted by S.I. 2022/748.
S.I. 2019/604; amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/590, 951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2019/618, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/590, 951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2019/792, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1), and by S.I. 2020/590, 951, 2022/500, 818, 2023/149, 2024/643, 833, 1157.
S.I. 2019/855, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/590, 951, 2022/123, 194, 195, 203, 205, 241, 395, 452, 477, 500, 792, 801, 814, 818, 850, 1110, 1122, 1331, 2023/149, 440, 665, 713, 1364, 1367, 2024/218, 643, 834, 900, 1157.
Regulation 6A was inserted by S.I. 2022/395.
S.I. 2019/1145, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/590, 951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2020/597, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2020/608, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2020/610, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/951, 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2020/616, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/950, 2022/500, 819, 2023/121, 149, 2024/644, 1157.
S.I. 2020/642, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2020/950, 2021/823, 2022/500, 819, 2023/121, 149, 609, 644, 1157.
S.I. 2020/680, amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1) and by S.I. 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2020/705, amended by S.I. 2020/1397, 2022/500, 819, 2023/121, 149, 2024/644, 946, 1157.
S.I. 2020/753, amended by S.I. 2022/500, 2022/819, 2023/121, 149, 644, 1157.
S.I. 2020/1278, amended by S.I. 2022/500, 819, 2023/121, 149, 2024/644, 1157.
S.I. 2020/1474; amended by S.I. 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2020/1665, amended by S.I. 2022/500, 819, 2023/121, 149, 2024/644, 1157.
S.I. 2021/488, amended by S.I. 2022/500, 818, 2023/149, 2024/643, 1157.
S.I. 2021/496, amended by S.I. 2022/500, 818, 2023/149, 2024/643, 1157.