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The Misappropriation (Sanctions) (EU Exit) Regulations 2020
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- UK Statutory Instruments
- 2020 No. 1468
- PART 2
- Regulation 6
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Changes over time for: Section 6
Version Superseded: 26/04/2021
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- 14/12/2020- Amendment
- 14/12/2020
Point in time - 26/04/2021- Amendment
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Designation criteriaU.K.
This section has no associated Explanatory Memorandum
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 purpose stated in regulation 4 (purpose), 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 misappropriation,
(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) For the purposes of this regulation a person is involved in misappropriation if—
(a)the person is responsible for or engages in misappropriation;
(b)the person facilitates or provides support for misappropriation;
(c)the person conceals the proceeds of misappropriation;
(d)the person conceals evidence of misappropriation;
(e)the person provides financial services, or makes available funds, economic resources, goods or technology, knowing or having reasonable cause to suspect that those financial services, funds, economic resources, goods or technology will or may contribute to misappropriation;
(f)the person profits financially or obtains any other benefit from misappropriation; or
(g)the person contravenes, or assists with the contravention of, any provision of Part 3 of these Regulations.
(4) 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.
(5) Any reference in this regulation to being involved in misappropriation includes being so involved wherever any actions constituting the involvement take place.
(6) In this regulation—
“misappropriation” means misappropriation of State funds from a country outside the United Kingdom.
Commencement Information
I1Reg. 6 not in force at made date, see reg. 1(2)
I2Reg. 6 in force at 14.12.2020 by S.I. 2020/1514, reg. 23(1)
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