# The Libya (Sanctions) (Overseas Territories) Order 2021, Paragraph 22A


For regulation 43ZA (finance: exception from prohibitions for required payments) substitute—
“Finance: exception from prohibitions for required payments
43ZA (1) This regulation applies to required payments within the meaning of paragraph (2).
(2) A required payment is a payment which a designated person is required to make under or by virtue of any enactment which applies in the Territory to—
(a) a government department or body,
(b) a customs authority,
(c) a revenue authority,
(d) a registrar of companies,
(e) a financial regulator,
(f) a land authority, or
(g) a consolidated fund.
(3) The prohibitions in regulations 12 (asset-freeze in relation to designated persons) and 14 (making funds available for benefit of designated persons) are not contravened by a person making a required payment.
(4) Where a required payment is made by a person other than a non-UN designated person, the prohibition in regulation 12 is not contravened by the non-UN designated person making a reimbursement payment to that person.
(5) The reference in paragraph (3) to a person making a required payment—
(a) does not include a UN designated person, and
(b) only includes a non-UN designated person where they are making a required payment on their own behalf.
(6) For the purposes of this regulation—
(a) references to a non-UN designated person are to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the non-UN designated person, and
(b) the reference in paragraph (5) to a UN designated person is to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the UN designated person.
(7) In this regulation—
“designated person” means a designated person within the meaning of regulation 11 (meaning of “designated person” in Chapter 1) or 17 (meaning of “designated person” in Chapter 2);
“reimbursement payment” means a repayment from the non-UN designated person to the person who made a required payment which is of the same amount as that required payment;
“UN designated person” means—
(a)a person who is a designated person for the purposes of regulations 12 to 16 or regulations 18 to 20 by reason of regulation 10 (designation of persons named by or under UN Security Council Resolutions), or
(b)a person who is designated under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 12 to 16 and whose designation is (in the opinion of the Secretary of State) required by paragraph 17 of resolution 1970 (read in accordance with regulation 4(4)).”.

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Source: https://www.legislation.gov.uk/uksi/2021/37/schedule/2/paragraph/22A (the official version)
Page: https://openlegislation.uk/libya-sanctions-overseas-territories-order-2021/schedule-2/paragraph-22A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.