OpenLegislation

Regulation 6 Designation criteria: meaning of “involved person”F3I1

United Kingdom

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

F2For 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—

(i)

the commission of a serious human rights violation or abuse in Libya;

(ii)

the commission of a violation of international humanitarian law in Libya, including in particular attacking civilian populations or facilities in violation of international law;

(iii)

activities carried out on behalf of the former regime of Muammar Qadhafi implementing or connected to the repressive policies of that regime;

(iv)

any other activity which threatens the peace, stability and security of Libya or undermines its transition to a democratic, peaceful and independent country, including in particular—

(aa)

attacking a port, airport, or other infrastructure, a foreign mission, or United Nations personnel, in Libya;

(bb)

illicitly exploiting oil or any other natural resources in Libya for the purposes of providing support to armed groups or criminal networks;

(cc)

threatening or coercing the Libyan National Oil Company or Libyan state financial institutions;

(dd)

misappropriating Libyan state funds, or taking action that may lead to such misappropriation,

(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)

Any reference in this regulation to being involved in an activity set out in paragraph (2)(a) includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

(a)

being responsible for, engaging in, providing support for, or promoting any such activity;

(b)

providing financial services M1, or making available funds or economic resources M2, that could contribute to any such activity;

(c)

being involved in the supply to Libya of restricted goods or restricted technology or of material related to such goods or technology, or in providing financial services relating to such supply;

(d)

being involved in the supply to Libya of goods or technology which could contribute to any such activity, or in providing financial services relating to such supply;

(e)

assisting the contravention or circumvention of any relevant provision.

(4)

For the purposes of this regulation, being “involved in” misappropriating Libyan state funds includes owning or controlling Libyan state funds which were misappropriated during the former regime of Muammar Qadhafi.

(5)

In this regulation—

  • “relevant provision” means—

    1. (a)

      any provision of Part 3 (Finance), Part 5 (Trade), Part 6 (Trade, transport and finance measures related to UN designated ships), or Part 7 (Aircraft);

    2. (b)

      any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 or Parts 5 to 7;

    3. (c)

      any provision of resolution 1970, resolution 1973 or resolution 2146;

  • “restricted goods” and “restricted technology” have the meanings given by Part 5.

(6)

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.

Annotations

Textual amendments

F1

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), 26(4)(b)

F2

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), 26(4)(c)

F3

Reg. 6 heading substituted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 26(4)(a)

Marginal citations

M1

“Financial services” is defined in section 61 of the Act.

M2

“Funds” and “economic resources” are defined in section 60 of the Act.

Commencement

I1

Reg. 6 in force at 30.12.2020, see reg. 1(2)(e)