Designation criteria
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 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)the commission of a serious human rights violation or abuse in Burundi;
(ii)the repression of civil society and democratic opposition in Burundi;
(iii)actions, policies or activities which undermine democracy, the rule of law or good governance in Burundi;
(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 an activity set out in paragraph (2)(a) includes being 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 including through use or threat of violence;
(b)providing financial services, or making available funds or economic resources, that could contribute to any such 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.