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The Global Human Rights Sanctions Regulations 2020

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This is the original version (as it was originally made).

PART 1General

Citation and commencement

1.—(1) These Regulations may be cited as the Global Human Rights Sanctions Regulations 2020.

(2) These Regulations come into force at 1.00 p.m. on 6th July 2020.

Interpretation

2.  In these Regulations—

“the Act” means the Sanctions and Anti-Money Laundering Act 2018;

“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);

“conduct” includes acts and omissions;

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;

“Treasury licence” means a licence under regulation 20(1);

“United Kingdom person” has the same meaning as in section 21 of the Act.

Application of prohibitions and requirements outside the United Kingdom

3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.

(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.

(3) In this regulation, a “relevant prohibition” means any prohibition imposed by—

(a)regulation 9(2) (confidential information),

(b)Part 3 (Finance), or

(c)a condition of a Treasury licence.

(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.

(5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.

(6) In this regulation, a “relevant requirement” means any requirement imposed—

(a)by or under Part 6 (Information and records), or by reason of a request made under a power conferred by that Part, or

(b)by a condition of a Treasury licence.

(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.

Purposes

4.—(1) The purposes of the regulations contained in this instrument are to deter, and provide accountability for, activities falling within paragraph (2).

(2) An activity falls within this paragraph if it is an activity which, if carried out by or on behalf of a State within the territory of that State, would amount to a serious violation by that State of an individual’s—

(a)right to life,

(b)right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment, or

(c)right to be free from slavery, not to be held in servitude or required to perform forced or compulsory labour,

whether or not the activity is carried out by or on behalf of a State.

(3) An activity falls within paragraph (2) if it is carried out—

(a)outside the United Kingdom by any person, or

(b)in the United Kingdom by a person who is not a United Kingdom person.

(4) In paragraph (2), an “activity” includes an omission.

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