The Burma (Sanctions) (EU Exit) Regulations 2019

Designation criteria

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 is, or has been, a member of the Burma security forces (see regulation 2) and who—

(a) is or has been involved in the commission of a relevant activity in Burma,

(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 the commission of a “relevant activity” in Burma 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, providing support for, or promoting—

(i) a serious human rights violation or abuse;

(ii) the obstruction of a humanitarian assistance activity; or

(iii) the obstruction of an independent investigation into a serious human rights violation or abuse in Burma;

(b) providing financial services, or making available funds or economic resources, that could contribute to any serious human rights violation or abuse;

(c) being involved in the supply to Burma of restricted goods or restricted technology or of material related to such goods or technology, or in providing financial services relating to such supply;

(d) being involved in the supply to Burma of goods or technology which could contribute to any serious human rights violation or abuse, or in providing financial services relating to such supply;

(e) being involved in assisting the contravention or circumvention of any relevant provision.

(4) In this regulation “relevant provision” means—

(a) any provision of 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 5 (Trade).

(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.

(6) In this regulation, “restricted goods” and “restricted technology” have the meanings given by Part 5.