The Mali (Sanctions) (EU Exit) Regulations 2020

Designation criteria U.K.

6.—(1) The Secretary of State may not designate a person under regulation 5 (power to designate persons) 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 (purposes), 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—

(a) is or has been involved in a relevant activity,

(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) In this regulation a “relevant activity” means—

(a) failing to comply with or to implement, including through prolonged delay, the Agreement on Peace and Reconciliation in Mali;

(b) engaging in armed hostilities in violation of the Agreement on Peace and Reconciliation in Mali;

(c) an attack against, or obstruction of the activities of—

(i) diplomatic personnel in Mali,

(ii) personnel undertaking humanitarian assistance activity in Mali, or

(iii) the institutions, bodies, missions and mechanisms falling within regulation 4(2)(c) and (d);

(d) obstruction of the delivery or distribution of, or access to, humanitarian assistance in Mali;

(e) the commission of a serious human rights violation or abuse, or violation of international humanitarian law, in Mali including, in particular, in relation to—

(i) extrajudicial killing or maiming and other forms of torture;

(ii) rape and other forms of sexual and gender-based violence;

(iii) deliberate targeting of civilians, schools, hospitals, religious sites or locations where civilians are seeking refuge;

(iv) forced displacement of civilians;

(v) recruitment or use of children in the context of the armed conflicts in Mali;

(f) the production in Mali of narcotic drugs and their precursors;

(g) the smuggling or trafficking into, through or from Mali of—

(i) persons,

(ii) cultural property,

(iii) [F1 arms or material related to arms], or

(iv) narcotic drugs and their precursors;

(h) any other action, policy or activity which threatens the peace, stability and security of Mali or undermines efforts to implement the Agreement on Peace and Reconciliation in Mali.

(4) Any reference in this regulation to being involved in a relevant activity 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, any such activity;

(b) providing financial services, or making available funds or economic resources, that could contribute to any such activity;

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

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

(a) any provision of Part 3 (Finance);

(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 3;

(c) any provision of resolution 2374.

(6) Nothing in any sub-paragraph of paragraph (3) or (4) is to be taken to limit the meaning of any of the other sub-paragraphs of those paragraphs.

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 6(3)(g)(iii) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020 (S.I. 2020/1397), regs. 1(2), 2(2)(a); S.I. 2020/1514, reg. 22

F2 Reg. 6(7) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020 (S.I. 2020/1397), regs. 1(2), 2(2)(b); S.I. 2020/1514, reg. 22

Commencement Information

I1 Reg. 6 in force at 14.12.2020 by S.I. 2020/1514, reg. 13(1)