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Regulation 6 Conditions for the designation of persons by nameI1

United Kingdom

(1)

This regulation applies to a person designated under regulation 5(1) (power to designate persons by name).

(2)

The Secretary of State may choose whether to designate a person under—

(a)

the standard procedure, or

(b)

the urgent procedure.

(3)

Paragraph (4) applies where the Secretary of State chooses to designate a person under the standard procedure.

(4)

The Secretary of State may not designate a person except where condition A is met.

(5)

Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person 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)

A 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 A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.

(10)

Condition B is that relevant provision (whenever made) applies under the law of—

(a)

the United States of America;

(b)

the European Union;

(c)

Australia;

(d)

Canada.

(11)

Condition C is that the Secretary of State considers that it is in the public interest to designate a person under the urgent procedure.

(12)

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.

(13)

In this regulation “involved person” has the meaning given in regulation 8 (designation criteria: meaning of “involved person”).

Annotations

Commencement

I1

Reg. 6 in force at 14.12.2023, see reg. 1(2)