The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020

Designation criteria U.K.

6.—(1) The Secretary of State may not designate a person under regulation 5 (power to designate persons) 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 (purposes), 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—

(i) undermining or threatening the sovereignty, territorial integrity, international personality or constitutional order of Bosnia and Herzegovina,

(ii) undermining or threatening the peace, stability or security of Bosnia and Herzegovina,

(iii) obstructing the implementation of the GFAP, or

(iv) any other action, policy or activity which undermines the GFAP,

(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) Any reference in this regulation to being involved in any action, policy or activity set out in paragraphs (2)(a)(i) to (iv) above includes being so involved in whatever way and wherever any such action, policy or activity constituting the involvement take place, and in particular includes—

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

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

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

(4) In this regulation, “relevant provision” means—

(a) any provision of Part 3 (Finance);

(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.

(5) 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.

Commencement Information

I1 Reg. 6 not in force at made date, see reg. 1(2)

I2 Reg. 6 in force at 14.12.2020 by S.I. 2020/1514, reg. 7(1)