Regulation 33
1. In this Schedule—
“consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963 M1, and any reference to the functions of a consular post is to be read in accordance with that Convention;
“designated person” has the same meaning as it has in Part 3 (Finance);
“diplomatic mission”, and any reference to the functions of a diplomatic mission, are to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961 M2;
“frozen funds or economic resources” means funds or economic resources frozen by virtue of regulation 12, and any reference to a person's frozen funds or economic resources is to funds or economic resources frozen as a consequence of the designation of that person for the purpose of that regulation.
Commencement Information
I1Sch. 2 para. 1 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
Marginal Citations
M1United Nations Treaty Series, vol. 596, p. 261.
M2United Nations Treaty Series, vol. 500, p. 95.
2.—(1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met.
(2) In the case of an individual in sub-paragraph (1), “basic needs” includes—
(a)medical needs;
(b)needs for—
(i)food;
(ii)payment of insurance premiums;
(iii)payment of tax;
(iv)rent or mortgage payments;
(v)utility payments.
(3) In the case of a person other than an individual in sub-paragraph (1), “basic needs” includes needs for—
(a)payment of insurance premiums;
(b)payment of reasonable fees for the provision of property management services;
(c)payment of remuneration, allowances or pensions of employees;
(d)payment of tax;
(e)rent or mortgage payments;
(f)utility payments.
(4) In sub-paragraph (1)—
“dependent” means financially dependent;
“family member” includes—
the wife or husband of the designated person;
the civil partner of the designated person;
any parent or other ascendant of the designated person;
any child or other descendant of the designated person;
any person who is a brother or sister of the designated person, or a child or other descendant of such a person.
Commencement Information
I2Sch. 2 para. 2 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
3. To enable the payment of—
(a)reasonable professional fees for the provision of legal services, or
(b)reasonable expenses associated with the provision of legal services.
Commencement Information
I3Sch. 2 para. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
4. To enable the payment of—
(a)reasonable fees, or
(b)reasonable service charges,
arising from the routine holding or maintenance of frozen funds or economic resources.
Commencement Information
I4Sch. 2 para. 4 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
5. To enable an extraordinary expense of a designated person to be met.
Commencement Information
I5Sch. 2 para. 5 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
6. To enable, by the use of a designated person's frozen funds or economic resources, the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien, provided that—
(a)the funds or economic resources so used are the subject of the decision or lien,
(b)the decision or lien—
(i)was made or established before the date on which the person became a designated person, and
(ii)is enforceable in the United Kingdom, and
(c)the use of the frozen funds or economic resources does not directly or indirectly benefit any other designated person.
Commencement Information
I6Sch. 2 para. 6 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
Textual Amendments
F1Sch. 2 Pt. 2A inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020 (S.I. 2020/950), regs. 1(2), 10(4)(a); S.I. 2020/1514, reg. 17
6A. To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person arising under a contract, provided that—
(a)the obligation arose before the date on which the person became a designated person, and
(b)no payments are made to another designated person, whether directly or indirectly.]
Textual Amendments
F2Sch. 2 Pt. 3 heading omitted and re-inserted above para. 7 (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020 (S.I. 2020/950), regs. 1(2), 10(4)(b)(c); S.I. 2020/1514, reg. 17
7. To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person (whether arising under a contract, other agreement or otherwise), provided that—
(a)the obligation arose before the date on which the person became a designated person, and
(b)no payments are made to another designated person, whether directly or indirectly.
Commencement Information
I7Sch. 2 para. 7 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
8. To enable anything to be done in connection with the performance of any humanitarian assistance activity.
Commencement Information
I8Sch. 2 para. 8 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
9. To enable anything to be done in order that the functions of a diplomatic mission or consular post in the Central African Republic or of an international organisation enjoying immunities in accordance with international law may be carried out.
Commencement Information
I9Sch. 2 para. 9 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
10. To enable anything to be done to deal with an extraordinary situation.
Commencement Information
I10Sch. 2 para. 10 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)