Reg. 5 not in force at made date, see reg. 1(2)
Reg. 5 in force at 22.3.2019 by S.I. 2019/627, reg. 4(1)(d)
Reg. 6 not in force at made date, see reg. 1(2)
Reg. 6 in force at 22.3.2019 by S.I. 2019/627, reg. 4(1)(e)
Reg. 7 not in force at made date, see reg. 1(2)
Reg. 7 in force at 22.3.2019 by S.I. 2019/627, reg. 4(1)(f)
Reg. 8 not in force at made date, see reg. 1(2)
Reg. 8 in force at 22.3.2019 by S.I. 2019/627, reg. 4(1)(g)
Reg. 9 not in force at made date, see reg. 1(2)
Reg. 9 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in reg. 5(2) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(3); S.I. 2020/1514, reg. 4
Reg. 6(2)(a) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(a); S.I. 2020/1514, reg. 4
Words in reg. 6(3) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(i); S.I. 2020/1514, reg. 4
Words in reg. 6(3)(a) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(ii)(aa); S.I. 2020/1514, reg. 4
Reg. 6(3)(a)(i) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(ii)(bb); S.I. 2020/1514, reg. 4
Reg. 6(3)(a)(ii) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(ii)(bb); S.I. 2020/1514, reg. 4
Reg. 6(3)(a)(iii) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(ii)(bb); S.I. 2020/1514, reg. 4
Words in reg. 6(3)(b) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(iii); S.I. 2020/1514, reg. 4
Reg. 6(3)(ca) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(iv); S.I. 2020/1514, reg. 4
Words in reg. 6(3)(d) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(b)(v); S.I. 2020/1514, reg. 4
Words in reg. 6(4)(a) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(c)(i); S.I. 2020/1514, reg. 4
Words in reg. 6(4)(b) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(c)(ii); S.I. 2020/1514, reg. 4
Words in reg. 6(6) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(4)(d); S.I. 2020/1514, reg. 4
Reg. 7(4): comma omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(5); S.I. 2020/1514, reg. 4
The Secretary of State may designate persons by name for the purposes of any of the following—
regulations 11 to 15 (Finance); and
regulation 17 (Immigration).
The Secretary of State may designate different persons for
The Secretary of State may not designate a person under regulation 5 unless the Secretary of State—
has reasonable grounds to suspect that that person is an involved person, and
considers that the designation of that person is appropriate, having regard to—
the purposes stated in regulation 4, and
the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).
In this regulation an “
is or has been involved in—
the commission of a serious human rights violation or abuse in Burma,
the obstruction of a humanitarian assistance activity in Burma, or
the obstruction of an independent investigation into a serious human rights violation or abuse in Burma,
is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,
is acting on behalf of or at the direction of a person who is or has been so involved, or
is a member of, or associated with, a person who is or has been so involved.
Any reference in this regulation to being involved in
being responsible for, engaging in, providing support for, or promoting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
providing financial services, or making available funds or economic resources, that could contribute to any
being involved in the supply to Burma of restricted goods or restricted technology or of material related to such goods or technology, or in providing financial services relating to such supply;
being involved in the supply to Burma of dual-use goods or dual-use technology for military use or the use of the Burma security forces, or of material related to such goods or technology, or in providing financial services relating to such supply;
being involved in the supply to Burma of goods or technology which could contribute to any
being involved in assisting the contravention or circumvention of any relevant provision.
In this regulation “
any provision of
any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of
Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.
A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).
The first condition is that P—
holds directly or indirectly more than 50% of the shares in C,
holds directly or indirectly more than 50% of the voting rights in C, or
holds the right directly or indirectly to appoint or remove a majority of the board of directors of C.
Schedule 1 contains provision applying for the purpose of interpreting paragraph (2).
The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and
Paragraph (2) applies where the Secretary of State—
has made a designation under regulation 5, or
has by virtue of section 22 of the Act varied or revoked a designation made under that regulation.
The Secretary of State—
must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and
must take steps to publicise the designation, variation or revocation.
The information given under paragraph (2)(a) where a designation is made must include a statement of reasons.
In this regulation a “
Matters that would otherwise be required by paragraph (4) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded—
in the interests of national security or international relations,
for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
in the interests of justice.
The steps taken under paragraph (2)(b) must—
unless one or more of the restricted publicity conditions is met, be steps to publicise generally—
the designation, variation or revocation, and
in the case of a designation, the statement of reasons;
if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of the designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons.
The “restricted publicity conditions” are as follows—
the designation is of a person believed by the Secretary of State to be an individual under the age of 18;
the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted—
in the interests of national security or international relations,
for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
in the interests of justice.
Paragraph (9) applies if—
when a designation is made, one or more of the restricted publicity conditions is met, but
at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met.
The Secretary of State must—
take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and
take steps to publicise generally the designation and the statement of reasons relating to it.
Where the Secretary of State in accordance with regulation 8(6)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential.
A person (“P”) who—
is provided with information that is to be treated as confidential in accordance with paragraph (1), or
otherwise obtains such information,
must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.
The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
For this purpose information is disclosed with lawful authority only if and to the extent that—
the disclosure is by, or is authorised by, the Secretary of State,
the disclosure is by or with the consent of the person who is or was the subject of the designation,
the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or
the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.
This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.
A person who contravenes the prohibition in paragraph (2) commits an offence.
The High Court (in Scotland, the Court of Session) may, on the application of—
the person who is the subject of the information, or
the Secretary of State,
grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).
In paragraph (4)(c), “