Sanctions and Anti-Money Laundering Act 2018

Power to make sanctions regulations U.K.

1 Power to make sanctions regulations U.K.

(1) An appropriate Minister may make sanctions regulations where that Minister considers that it is appropriate to make the regulations—

(a) for the purposes of compliance with a UN obligation,

(b) for the purposes of compliance with any other international obligation, or

(c) for a purpose within subsection (2).

(2) A purpose is within this subsection if the appropriate Minister making the regulations considers that carrying out that purpose would—

(a) further the prevention of terrorism, in the United Kingdom or elsewhere,

(b) be in the interests of national security,

(c) be in the interests of international peace and security,

(d) further a foreign policy objective of the government of the United Kingdom,

(e) promote the resolution of armed conflicts or the protection of civilians in conflict zones,

(f) provide accountability for or be a deterrent to gross violations of human rights, or otherwise promote—

(i) compliance with international human rights law, or

(ii) respect for human rights,

(g) promote compliance with international humanitarian law,

(h) contribute to multilateral efforts to prevent the spread and use of weapons and materials of mass destruction, or

(i) promote respect for democracy, the rule of law and good governance.

(3) Regulations under this section must state the purpose (or purposes) of the regulations, and any purpose stated must be—

(a) compliance with a UN obligation, or other international obligation, specified in the regulations, or

(b) a particular purpose that is within subsection (2).

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “sanctions regulations” means regulations which do one or more of the following—

(a) impose financial sanctions (see section 3);

[F2 (aa) impose director disqualification sanctions (see section 3A);]

(b) impose immigration sanctions (see section 4);

(c) impose trade sanctions (see section 5 and Schedule 1);

(d) impose aircraft sanctions (see section 6);

(e) impose shipping sanctions (see section 7);

(f) impose sanctions within section 8 (other sanctions for purposes of UN obligations);

(g) make supplemental provision in connection with any provision of the regulations or other regulations made under this section.

(6) In this section “supplemental provision” includes any provision authorised by any other provision of this Act to be made by regulations under this section (see in particular sections 9 to 17, 19 to 21 and 54).

(7) In this Act any reference to a gross violation of human rights is to conduct which—

(a) constitutes, or

(b) is connected with,

the commission of a gross human rights abuse or violation; and whether conduct constitutes or is connected with the commission of such an abuse or violation is to be determined in accordance with section 241A of the Proceeds of Crime Act 2002.

(8) In this Act—

• “UN obligation” means an obligation that the United Kingdom has by virtue of a UN Security Council Resolution;

• “UN Security Council Resolution” means a resolution adopted by the Security Council of the United Nations;

• “international obligation” means an obligation of the United Kingdom created or arising by or under any international agreement.

(9) For the purposes of any provision of this Act which refers to an “appropriate Minister”, the following are appropriate Ministers—

(a) the Secretary of State;

(b) the Treasury.

(10) None of paragraphs (a) to (i) of subsection (2) is to be taken to limit the meaning of any other of those paragraphs.

Textual Amendments

F1 S. 1(4) omitted (15.3.2022) by virtue of Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), ss. 57(2), 69(3)

F2 S. 1(5)(aa) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 35(2), 219(1)(2)(b)

Commencement Information

I1 S. 1 in force at 22.11.2018 by S.I. 2018/1213, reg. 2(a)

F3 2 Additional requirements for regulations for a purpose within section 1(2) U.K.

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Textual Amendments

F3 S. 2 omitted (15.3.2022) by virtue of Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), ss. 57(3), 69(3)