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Freezing funds etc.

Dealing with funds and economic resources

4.—(1) It is an offence for a person (“P”), including the designated person, to deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.

(2) In paragraph (1), “deal with” means—

(a)in relation to funds—

(i)use, alter, move, allow access to or transfer,

(ii)deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination, or

(iii)make any other change that would enable use, including portfolio management, and

(b)in relation to economic resources, use to obtain funds, goods or services in any way, including by selling, hiring or mortgaging the resources.

(3) This article is subject to articles 9 and 11.

Making funds available to a designated person

5.—(1) It is an offence for a person (“P”) to make funds available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.

(2) This article is subject to articles 9 and 11.

Making funds available for the benefit of a designated person

6.—(1) It is an offence for a person (“P”) to make funds available (directly or indirectly) to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.

(2) For the purposes of paragraph (1)—

(a)funds are made available for the benefit of a designated person only if that person obtains, or is able to obtain, a significant financial benefit from the funds, and

(b)“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.

(3) This article is subject to articles 5, 9 and 11.

Making economic resources available to a designated person

7.—(1) It is an offence for a person (“P”) to make economic resources available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect—

(a)that P is making the economic resources so available, and

(b)that the designated person would be likely to exchange them, or use them in exchange, for funds, goods or services.

(2) This article is subject to article 11.

Making economic resources available for the benefit of a designated person

8.—(1) It is an offence for a person (“P”) to make economic resources available (directly or indirectly) to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.

(2) For the purposes of paragraph (1)—

(a)economic resources are made available for the benefit of a designated person only if that person obtains, or is able to obtain, a significant financial benefit from the economic resources, and

(b)“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.

(3) This article is subject to article 11.

Credits to a frozen account

9.—(1) Nothing in articles 4, 5 and 6 prevents a person from crediting a frozen account with—

(a)interest or other earnings due on the account, or

(b)payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.

(2) Nothing in articles 4, 5 and 6 prevents a relevant institution from crediting a frozen account where it receives funds transferred to the account.

Liability

10.  No liability arises for any person concerned in the freezing of funds or economic resources in accordance with article 4 to 8 unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence.