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Sanctions and Anti-Money Laundering Act 2018

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37Rights of UN-named person on EU sanctions list

(1)This section applies where—

(a)a person whose name is included or treated as included in an EU sanctions list is a person in relation to whom, by virtue of a UN Security Council Resolution (“the Resolution”), the United Kingdom has an obligation to take particular measures, and

(b)that obligation is met by—

(i)provision mentioned in section 34(1)(a) which relates to that EU sanctions list, or

(ii)the application to the person, by virtue of that EU sanctions list, of any provision of section 8B of the Immigration Act 1971.

(2)The person—

(a)may not make a request under section 36 in respect of the EU sanctions list concerned, but

(b)may at any relevant time make a request under this section for the Secretary of State to use the Secretary of State’s best endeavours to secure that the person’s name is removed from the relevant UN list.

(3)Where a person has made a request under this section by virtue of being on an EU sanctions list, the person may make no further request under this section by virtue of being on 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 by the Secretary of State.

(4)On a request under this section the Secretary of State must decide whether or not to comply with the request.

(5)For the purposes of this section a person’s name is “removed from the relevant UN list” if the person ceases to be named (by the Security Council or a subsidiary organ of the Security Council) for the purposes of the Resolution so far as it provides for the taking of the measures in question.

(6)In subsection (2) a “relevant time” means a time when no provision of regulations under section 1 has been made the purpose (or a purpose) of which is compliance with the United Kingdom’s obligation to take the measures in question.

(7)For the purposes of subsection (3) a person is “on” an EU sanctions list if the person’s name is included or treated as included in that list.

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

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