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Sanctions and Anti-Money Laundering Act 2018

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2Additional requirements for regulations for a purpose within section 1(2)

(1)This section applies to regulations under section 1 any of whose purposes (as stated under section 1(3)) is a discretionary purpose.

In this section “discretionary purpose” means a purpose which is not compliance with a UN obligation or other international obligation but is within section 1(2).

(2)An appropriate Minister may not decide that it is appropriate to make regulations to which this section applies unless, in respect of each discretionary purpose stated in the regulations, that Minister—

(a)has considered whether there are good reasons to pursue that purpose and has determined that there are, and

(b)has considered whether the imposition of sanctions is a reasonable course of action for that purpose and has determined that it is.

(3)In subsection (2)(b) “sanctions” means prohibitions and requirements of the kinds which are imposed by the regulations for the purpose in question (or both for that purpose and for another purpose of the regulations).

(4)In relation to any regulations to which this section applies, the appropriate Minister making the regulations (“the Minister”) must at the required time lay before Parliament a report which explains in respect of each discretionary purpose stated under section 1(3) in the regulations—

(a)why the Minister considers that carrying out that purpose would meet one or more of the conditions in paragraphs (a) to (i) of section 1(2),

(b)why the Minister considers that there are good reasons to pursue that purpose, and

(c)why the Minister considers that the imposition of sanctions (within the meaning given by subsection (3)) is a reasonable course of action for that purpose.

(5)Nothing in subsection (4) requires the report to contain anything the disclosure of which may, in the opinion of the Minister, damage national security or international relations.

(6)In subsection (4) “the required time” means—

(a)in the case of regulations contained in a statutory instrument which is laid before Parliament after being made, the same time as the instrument is laid before Parliament;

(b)in the case of regulations contained in a statutory instrument a draft of which is laid before Parliament, the same time as the draft is laid.

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