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Sanctions and Anti-Money Laundering Act 2018

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36Rights of person on EU sanctions list

(1)A person whose name is included, or treated as included, in an EU sanctions list may make a request for a direction under section 34(3)(b) that the person’s name be treated as removed from the list.

This is subject to section 37 (UN-named persons).

(2)Any request under this section must be made—

(a)if the person is treated as included in the list by virtue of a direction under section 34(3)(a), to the appropriate Minister who gave that direction;

(b)in any other case, to an appropriate Minister.

(3)Where a request under this section has been made for a direction in respect of a person and a list, no further request may be made under this section in respect of that person and that list unless the grounds on which the further request is made are or include that there is a significant matter which has not previously been considered.

(4)On a request under this section the appropriate Minister to whom the request is made must decide whether or not to comply with the request.

(5)An appropriate Minister may by regulations make provision about the procedure to be followed in connection with a request under this section or section 37.

(6)Regulations made under subsection (5) in relation to a request under this section or section 37 must require—

(a)the decision on any such request to be made as soon as reasonably practicable after the receipt by the appropriate Minister dealing with the request of the information needed for making the decision, and

(b)the person who made the request to be informed of the decision and the reasons for it as soon as reasonably practicable after the decision is made.

(7)The regulations may authorise matters to be excluded from the reasons given for the decision where the appropriate Minister who made the decision considers that those matters should be excluded—

(a)in the interests of national security or international relations,

(b)for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(c)in the interests of justice,

(but the regulations may not authorise that Minister to provide no reasons).

(8)In this section “EU sanctions list” has the same meaning as in section 34.

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