The Mali (Sanctions) (EU Exit) (Amendment) and Sanctions (Miscellaneous Amendments) Regulations 2024

Statutory Instruments

2024 No. 946

SANCTIONS

The Mali (Sanctions) (EU Exit) (Amendment) and Sanctions (Miscellaneous Amendments) Regulations 2024

Made

11th September 2024

Laid before Parliament

12th September 2024

Coming into force

3rd October 2024

The Secretary of State(1), considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 2018(2) is met, makes the following Regulations in exercise of the powers conferred by sections 1, 10(2), 11, 15(3), 45, and 54(1) of that Act.

Citation and commencement

1.—(1) These Regulations may be cited as the Mali (Sanctions) (EU Exit) (Amendment) and Sanctions (Miscellaneous Amendments) Regulations 2024.

(2) These Regulations come into force on 3rd October 2024.

Amendments to the Mali (Sanctions) (EU Exit) Regulations 2020

2.—(1) The Mali (Sanctions) (EU Exit) Regulations 2020(3) are amended in accordance with this regulation.

(2) In regulation 4 (purposes)—

(a) in paragraph (1)—

(i) for “following purposes” substitute “purposes mentioned in paragraph (2).”;

(ii) omit sub-paragraph (a) and the “and” after it;

(iii) omit sub-paragraph (b).

(b) in paragraph (2)—

(i) in the words before sub-paragraph (a), omit “additional”;

(ii) after paragraph (c)(ii), omit “and”;

(iii) after paragraph (c)(iii), insert—

“(iv) the rule of law in Mali,

(v) comprehensive and inclusive peace negotiations and agreements in Mali, and

(vi) transition to civilian-led government and democratic governance in Mali,”;

(iv) in paragraph (d)(i), for “the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA)” substitute “those from time to time established by the United Nations”;

(v) omit paragraphs (d)(ii), (iii) and (vi);

(vi) in paragraph (g)(vii), for “status,” substitute “status.”

(vii) after sub-paragraph (g), omit “otherwise than by compliance with the relevant UN obligations”;

(c) omit paragraphs (3) and (4).

(3) In regulation 6 (designation criteria)—

(a) omit paragraph (6)(3)(h);

(b) after paragraph (6)(3)(h) insert—

“(i) threatening, impeding or frustrating inclusive peace negotiations or transition to democratic, civilian-led government in Mali;

(j) obstructing or undermining respect for democracy, the rule of law and good governance in Mali; or

(k) inciting violence in Mali.”.

(4) Omit regulation 10 (designation of persons named by or under UN Security Council Resolutions).

(5) In regulation 11 (meaning of “designated person” in Part 3)—

(a) after paragraph (a), omit “or”;

(b) omit paragraph (b).

(6) In regulation 20 (finance: exception for authorised conduct in a relevant country), omit paragraph (3).

(7) In regulation 21 (exception for acts done for purposes of national security or prevention of serious crime), omit paragraph (4).

(8) In regulation 22 (Treasury licences)—

(a) omit paragraphs (2) and (3);

(b) in paragraph (4), omit “in relation to a non-UN designated person”;

(c) omit paragraphs (5) to (8).

(9) After regulation 22A (director disqualification licences)(4) insert—

Licences: general provisions

22B.— (1) This regulation applies in relation to Treasury licences and director disqualification licences.

(2) A licence must specify the acts authorised by it.

(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.

(4) A licence may—

(a) contain conditions;

(b) be of indefinite duration or a defined duration.

(5) A person who issues a licence may vary, revoke or suspend it at any time.

(6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.”.

(10) In Schedule 2 (Treasury licences: purposes)—

(a) omit Part 3 (Purposes relating only to UN designated persons);

(b) in the heading of Part 4 (Purposes relating only to non-UN designated persons), omit “non-UN”.

Amendments to the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019

3.—(1) The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019(5) are amended in accordance with this regulation.

(2) In regulation 31 (Treasury licences) omit paragraphs (2) to (5).

(3) After regulation 31A (director disqualification licences)(6) insert—

Licences: general provisions

31B.— (1) This regulation applies in relation to Treasury licences and director disqualification licences.

(2) A licence must specify the acts authorised by it.

(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.

(4) A licence may—

(a) contain conditions;

(b) be of indefinite duration or a defined duration.

(5) A person who issues a licence may vary, revoke or suspend it at any time.

(6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.”.

Amendments to the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019

4.—(1) The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019(7) are amended as follows.

(2) In regulation 19 (Treasury licences) omit paragraphs (2) to (5).

(3) After regulation 19A (director disqualification licences)(8) insert—

Licences: general provisions

19B.— (1) This regulation applies in relation to Treasury licences and director disqualification licences.

(2) A licence must specify the acts authorised by it.

(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.

(4) A licence may—

(a) contain conditions;

(b) be of indefinite duration or a defined duration.

(5) A person who issues a licence may vary, revoke or suspend it at any time.

(6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.”.

Stephen Doughty

Minister of State

Foreign, Commonwealth and Development Office

11th September 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to amend the Mali (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/705) (“the Mali Regulations”), the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573) (“the CT (International) Regulations”), and the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577) (“the CT Regulations”).

Amendments to the Mali Regulations

These Regulations amend the Mali Regulations to remove provisions relating to the United Nations sanctions regime established under Resolution 2374 (2017)(9) which expired on 31 August 2023.

These Regulations amend the Mali Regulations to include additional purposes for which the Secretary of State considers the Mali Regulations to be appropriate, and to specify additional activities for which a person may be designated

Amendments to licensing provisions

These Regulations amend the Mali Regulations, the CT (International) Regulations, and the CT Regulations, in order to make consequential amendments to the licensing provisions, following addition of provision for director disqualification licensing by the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/644).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen, and these Regulations are designed to reduce the burden on businesses, charities and other non-governmental organisations. An impact assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and is available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.

(1)

The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c. 13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.

(2)

2018 c. 13. Section 11 (Designation of a person by name under a designation power) is amended by the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), 58 and 69. Section 17(5)(b)(i) (enforcement) is amended by the Sentencing Act 2020 (c. 17).

(3)

S.I. 2020/705, amended by S.I. 2020/1397; S.I. 2022/500; S.I. 2022/819; S.I. 2023/121; S.I. 2023/149; and S.I. 2024/644.

(4)

Regulation 22A was inserted by S.I. 2024/644.

(5)

S.I. 2019/573, amended by S.I. 2019/843; S.I. 2020/591; S.I. 2020/950; S.I. 2020/1289; S.I. 2022/819; S.I. 2023/149; S.I. 2024/644; and the Sentencing Act 2020 (c. 17).

(6)

Regulation 31A was inserted by S.I. 2024/644.

(7)

S.I. 2019/577, amended by S.I. 2020/950; S.I. 2020/1289; S.I. 2022/500; S.I. 2022/819; S.I. 2023/149; S.I. 2024/644; and the Sentencing Act 2020 (c. 17).

(8)

Regulation 19A was inserted by S.I. 2024/644.

(9)

S/RES/2374 (2017), available at: http://unscr.com/en/resolutions/2374.