The South Sudan (Sanctions) (EU Exit) Regulations 2019

Criteria for designating a person

6.—(1) The Secretary of State may not designate a person under regulation 5 unless the Secretary of State—

(a) has reasonable grounds to suspect that that person is an involved person, and

(b) considers that the designation of that person is appropriate, having regard to—

(i) the purposes stated in regulation 4, and

(ii) the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).

(2) In this regulation an “involved person” means a person who—

(a) is or has been involved in a relevant activity,

(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,

(c) is acting on behalf of or at the direction of a person who is or has been so involved, or

(d) is a member of, or associated with, a person who is or has been so involved.

(3) In this regulation a “relevant activity” means—

(a) the commission of a serious human rights violation or abuse in South Sudan;

(b) the commission of a violation of international humanitarian law in South Sudan;

(c) a breach of the ARCSS or R-ARCSS;

(d) an attack against, or obstruction of the activities of, diplomatic personnel in South Sudan or the regional or international monitoring and peace-support missions and mechanisms mentioned in paragraphs (i) to (iii) of regulation 4(2)(c);

(e) obstruction of the delivery or distribution of, or access to, humanitarian assistance in South Sudan;

(f) the misappropriation of South Sudanese state funds, or taking action that may lead to such misappropriation;

(g) the illicit exploitation of oil or any other natural resource in South Sudan;

(h) any other action, policy or activity which threatens the peace, stability and security of South Sudan or undermines efforts to resolve the political crisis and armed conflicts in South Sudan.

(4) Any reference in this regulation to being involved in a relevant activity includes being so involved in whatever way, and wherever, any actions constituting the involvement take place, and in particular includes—

(a) being responsible for, engaging in, providing support for, or promoting, any such activity;

(b) providing financial services, or making available funds or economic resources, that could contribute to any such activity;

(c) being involved in the supply to South Sudan of military goods or military technology or of material related to such goods or technology, or in providing financial services relating to such supply;

(d) being involved in the supply to South Sudan of goods or technology which could contribute to any such activity, or in providing financial services relating to such supply;

(e) being involved in assisting the contravention or circumvention of any relevant provision.

(5) In this regulation “relevant provision” means—

(a) any provision of Part 3 (Finance) or Part 5 (Trade);

(b) any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 (Finance) or Part 5 (Trade);

(c) any provision of resolution 2206 or 2428.

(6) Nothing in any sub-paragraph of paragraph (3) or (4) is to be taken to limit the meaning of any of the other sub-paragraphs of those paragraphs.

(7) In this regulation, “military goods” and “military technology” have the meanings given by Part 5.