The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019

Criteria for designating a person U.K.

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 terrorist 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) Any reference in this regulation to being involved in terrorist 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, or providing support for, the commission, preparation or instigation of acts of terrorism,

(b) providing financial services, or making available funds or economic resources, for the purposes of terrorism,

(c) facilitating, promoting or encouraging terrorism,

(d) providing or receiving training for the purposes of terrorism,

(e) travelling or attempting to travel from or into the relevant territory for the purposes of terrorism,

(f) carrying out recruitment activities for a person who is involved in terrorism,

(g) being involved in the sale, supply or transfer of arms or material related to arms to a person who is involved in terrorism,

(h) engaging in trade of whatever description with a person who is involved in terrorism;

(i) being responsible for, engaging in, being complicit in, providing support for, or promoting, the abduction, enslavement, forced marriage or rape of, or sexual violence against, persons outside the relevant territory on behalf of, or in the name of, a person who is involved in terrorism;

(j) supporting or assisting any person who is known or believed by the person concerned to be involved in any activity as mentioned in paragraphs (a) to (i); or

(k) [F1 being involved] in assisting the contravention or circumvention of any relevant provision.

(4) In this regulation “recruitment activities” means—

(a) soliciting another person to—

(i) become a member of a person, other than an individual, involved in terrorism, or

(ii) participate in any act by, in conjunction with, in the name of, on behalf of or in support of a person involved in terrorism;

(b) soliciting or otherwise procuring funds for the purpose of financing the travel of a person solicited as mentioned in sub-paragraph (a);

(c) organising, providing support for or otherwise facilitating the travel of a person solicited as mentioned in sub-paragraph (a).

(5) In this regulation—

• being “associated with” a person includes pledging allegiance in whatever way to that person;

• “promoting or encouraging” terrorism includes a reference to a person who promotes or encourages terrorism within the meaning of section 3 of the Terrorism Act 2000 M1 ;

• “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 or Part 5;

• “relevant territory” means the United Kingdom and the territory of the Member States of the European Union.

(6) 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.

Textual Amendments

F1 Words in reg. 6(3)(k) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 7(2)

Commencement Information

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

I2 Reg. 6 in force at 25.3.2019 by S.I. 2019/627, reg. 11(1)(e)

Marginal Citations

M1 2000 c. 11. Section 3 was amended by section 21 of the Terrorism Act 2006 (c. 11).