PART 2

Designation of persons

Power to designate persons
5
1
The Secretary of State may designate persons by name in accordance with regulation 5A (conditions for the designation of persons by name) for the purposes of any of the following—
a
regulations 11 to 15 (asset-freeze etc.);
aa
regulation 16A (director disqualification sanctions);
b
regulation 17 (immigration).
2
The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1).

Conditions for the designation of persons by name
5A
1
The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) under—
a
the standard procedure, or
b
the urgent procedure.
2
Paragraph (3) applies where the Secretary of State chooses to designate a person under regulation 5 under the standard procedure.
3
The Secretary of State may not designate a person except where condition A is met.
4
Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
5
Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure.
6
The Secretary of State may designate a person where condition A is not met, but conditions B and C are met.
7
The person ceases to be a designated person at the end of the period of 56 days beginning with the day following the day on which the person became a designated person unless, within that period, the Secretary of State certifies that—
a
condition A is met, or
b
conditions B and C continue to be met.
8
Where the Secretary of State makes a certification under paragraph (7)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (7), unless within that period the Secretary of State certifies that condition A is met.
9
Condition B is that relevant provision (whenever made) applies to, or in relation to, the person under the law of—
a
the United States of America;
b
the European Union;
c
Australia;
d
Canada.
10
Condition C is that the Secretary of State considers that it is in the public interest to make designations under the urgent procedure.
11
For the purposes of condition B, “relevant provision” is provision that the Secretary of State considers—
a
corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or
b
is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.
12
In this regulation, “
involved person
” has the meaning given in regulation 6 (designation criteria: meaning of “involved person”).

Designation criteria: meaning of “involved person”
6
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
For the purposes of regulation 5A (conditions for the designation of persons by name) an “involved person” means a person who—
a
is or has been involved in serious corruption,
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
For the purposes of this regulation a person is involved in serious corruption if—
a
the person is responsible for or engages in serious corruption;
b
the person facilitates or provides support for serious corruption;
c
the person profits financially or obtains any other benefit from serious corruption;
d
the person conceals or disguises, or facilitates the concealment or disguise of—
i
serious corruption, or
ii
any profit or proceeds from serious corruption;
e
the person transfers or converts, or facilitates the transfer or conversion of, any profit or proceeds from serious corruption;
f
the person is responsible for the investigation or prosecution of serious corruption and intentionally or recklessly fails to fulfil that responsibility, or
g
the person uses threats, intimidation or physical force to interfere in, or otherwise interferes in, any law enforcement or judicial process in connection with serious corruption;
h
the person contravenes, or assists with the contravention of, any provision of Part 3 of these Regulations.
4
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.
5
Any reference in this regulation to being involved in serious corruption includes being so involved wherever any actions constituting the involvement take place.
6
In this regulation, “corruption” has the meaning given by regulation 4(2).

Meaning of “owned or controlled directly or indirectly”
7
1
A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).
2
The first condition is that P—
a
holds directly or indirectly more than 50% of the shares in C,
b
holds directly or indirectly more than 50% of the voting rights in C, or
c
holds the right directly or indirectly to appoint or remove a majority of the board of directors of C.
3
Schedule 1 contains provision applying for the purpose of interpreting paragraph (2).
4
The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes.

Notification and publicity where designation power used
8
1
Paragraph (2) applies where the Secretary of State—
a
has made a designation under regulation 5, or
b
has by virtue of section 22 of the Act varied or revoked a designation made under that regulation.
2
The Secretary of State—
a
must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and
b
must take steps to publicise the designation, variation or revocation.
3
The information given under paragraph (2)(a)—
a
where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;
b
where the Secretary of State designates a person under the urgent procedure, must include a statement—
i
that the designation is made under the urgent procedure,
ii
identifying the relevant provision by reference to which the Secretary of State considers that condition B is met in relation to the person, and
iii
setting out why the Secretary of State considers that condition C is met.
3A
Where the Secretary of State designates a person under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) of that regulation, but otherwise without delay—
a
in a case where the person ceases to be a designated person, take such steps as are reasonably practicable to inform the person that they have ceased to be a designated person, or
b
in any other case, take such steps as are reasonably practicable to give the person a statement of reasons.
4
In this regulation, a “
statement of reasons
” means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the person—
a
in the case of a designation under the standard procedure, which have led the Secretary of State to make the designation, and
b
in the case of a designation under the urgent procedure, as a result of which the person does not cease to be a designated person at the end of the period mentioned in regulation 5A(7) or (8) (as the case may be).
5
Matters that would otherwise be required by paragraph (4) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded—
a
in the interests of national security or international relations,
b
for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
c
in the interests of justice.
6
The steps taken under paragraph (2)(b) must—
a
unless one or more of the restricted publicity conditions is met, be steps to publicise generally—
i
the designation, variation or revocation, and
ii
in the case of a designation, the statement of reasons;
b
if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of the designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons.
7
The “restricted publicity conditions” are as follows—
a
the designation is of a person believed by the Secretary of State to be an individual under the age of 18;
b
the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted—
i
in the interests of national security or international relations,
ii
for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
iii
in the interests of justice.
8
Paragraph (9) applies if—
a
when a designation is made, one or more of the restricted publicity conditions is met, but
b
at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met.
9
The Secretary of State must—
a
take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and
b
take steps to publicise generally the designation and the statement of reasons relating to it.

Confidential information in certain cases where designation power used
9
1
Where the Secretary of State in accordance with regulation 8(6)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential.
2
A person (“P”) who—
a
is provided with information that is to be treated as confidential in accordance with paragraph (1), or
b
otherwise obtains such information,
must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.
3
The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
4
For this purpose information is disclosed with lawful authority only if and to the extent that—
a
the disclosure is by, or is authorised by, the Secretary of State,
b
the disclosure is by or with the consent of the person who is or was the subject of the designation,
c
the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or
d
the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.
5
This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.
6
A person who contravenes the prohibition in paragraph (2) commits an offence.
7
The High Court (in Scotland, the Court of Session) may, on the application of—
a
the person who is the subject of the information, or
b
the Secretary of State,
grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).
8
In paragraph (4)(c), “enactment” has the meaning given by section 54(6) of the Act.
Reg. 5 in force at 26.4.2021 at noon, see reg. 1(2)
Reg. 9 in force at 26.4.2021 at noon, see reg. 1(2)
Reg. 7 in force at 26.4.2021 at noon, see reg. 1(2)
Reg. 6 in force at 26.4.2021 at noon, see reg. 1(2)
Reg. 8 in force at 26.4.2021 at noon, see reg. 1(2)
Reg. 5(1)(aa) inserted (16.5.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024 (S.I. 2024/643), regs. 1(2), 15(3)
Reg. 5A inserted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 27(3)
Words in reg. 5(1) inserted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 27(2)
Reg. 6 heading substituted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 27(4)(a)
Reg. 6(1) omitted (18.4.2025) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 27(4)(b)
Words in reg. 6(2) substituted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 27(4)(c)
Reg. 8(3)(3A) substituted for reg. 8(3) (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 27(5)(a)
Reg. 8(4) substituted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 27(5)(b)