Explanatory note
(This note is not part of the Order)
This Order, made under section 1 of the United Nations Act 1946, gives effect in the United Kingdom to Resolution 1636(2005) adopted by the Security Council of the United Nations on 31st October 2005.
The Security Council has decided that all states are to take certain measures against individuals suspected of an involvement in the terrorist bombing in Beirut, Lebanon on 14th February 2005.
A Committee of the Security Council, established under the Security Council Resolution, will register the details of the individuals to which the measures are to apply. The measures include the freezing of funds, financial assets and economic resources of such individuals and ensuring that any funds, financial assets and economic resources are not made available to them.
Article 3 of this Order requires the Treasury to maintain a list of individuals registered by the Committee of the Security Council (“designated persons”) and to make the list publicly available.
Article 4 prohibits any dealing with funds, financial assets and economic resources of designated persons, and makes it a criminal offence to contravene this prohibition.
Article 5 prohibits making funds, financial assets and economic resources available to designated persons, and makes it a criminal offence to contravene this prohibition.
Article 7 makes it a criminal offence to circumvent the prohibitions or to facilitate the commission of an offence relating to a prohibition.
Article 8 gives the Treasury power to direct that a person suspected of being owned or controlled by a designated person or of acting on behalf of or at the direction of a designated person is to be treated for the purposes of the prohibitions and offences as if he were a designated person. It also creates an appeal process in respect of any such direction.
Article 9 provides a licensing procedure to enable, for humanitarian purposes, certain acts to be exempted from the prohibitions.
The Schedule makes provisions about information and evidence.
A list of designated persons and any persons who are the subject of a direction made under article 8 will be made available on the Internet at: www.bankofengland.co.uk.
A full regulatory impact assessment has not been prepared for this instrument, as it has no impact on the cost of business.