PART 2Designation of persons

F1Designation criteria: meaning of “involved person”6.

F2(1)

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(2)

F3For 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).