The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-03-05
Last updated 2026-01-19
State In force
Department King's Printer of Acts of Parliament
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articles 2
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[^key-029d499002e07bcb50f0df850185c9b3]: Words in reg. 93(6) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(11)(a)

[^key-b0d2c27c12d1398bb7d47f1ccb070ff3]: Word in reg. 93(6) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(11)(b)

[^key-adad9baa9af28e77d6a9cc439f157506]: Words in reg. 93(6) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(11)(c)

[^key-45866e797708d815d0566f3ab381ec38]: Word in reg. 93(6) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(11)(d)

[^key-3e122f5f1346980e01bb1604341ce5ac]: Reg. 99(4A)-(4C) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(12)(b)

[^key-a4b8963f90019ca60ad330c439085264]: Reg. 99(6A) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(12)(c)

[^key-71233b3cf924677d2fc3791d04b21161]: Words in reg. 99(1)(a)(ii) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(12)(a)

[^key-6cf93c9b7a87e6fcdcacded9a277064e]: Words in reg. 108A(1) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(15)

[^key-068f2b6d1e8c5deced024dc5c742633e]: Word in reg. 134(3)(b) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(16)

[^key-796edf7991f1a749d5373ff48cae09f1]: Reg. 57A inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(6)

[^key-ed9a11f290370bdea7d8edad048cdaa0]: Reg. 81ZA inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(8)

[^key-727e51cdf3bec7d82dc84e92b3388d09]: Reg. 99A inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(13)

[^key-f9e14f30c8c77beb9d2b20c11c43beb6]: Words in Pt. 6 Ch. 2 heading substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(5)

[^key-8f0955d686747804d7b068f8cd45926f]: Sch. 3 Pt. 1A inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(17)(b)

[^key-af9f898b355e95ab9add3f73307cdf35]: Sch. 3 paras. 9A, 9B inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(17)(c)

[^key-a0cabecc41b2f9592f8cf2064d6a38c9]: Sch. 3 para. 5 omitted (5.12.2024) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(17)(a)

[^key-b49b8e7368380071b1aba5a38e6f5afb]: Sch. 3 para. 10 renumbered as Sch. 3 para. 10(1) (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(17)(d)(i)

[^key-d596e9d3d1a289337b6dbc82a9ea5791]: Sch. 3 para. 10(2)(3) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(17)(d)(iii)

[^key-98cf31379b82f810354e715bfe334e32]: Sch. 3 para. 10(1)(ba) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 3(17)(d)(ii)

[^key-61f8a5d65640a1b57c53a640a6b8d412]: Words in reg. 5(1) inserted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 3(2)

[^key-17ee2ad28eeadefa4669769a7f5816ad]: Reg. 6 heading substituted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 3(4)(a)

[^key-3e46d3d64d512b5304a7596fcedcccc9]: 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), 3(4)(b)

[^key-f4771f494a98cd5e192638eb4b6af368]: 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), 3(4)(c)

[^key-383c8b37a319a923e642545b89b1707b]: Reg. 8(3)(3A) substituted for reg. 8(3) (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 3(5)(a)

[^key-79c22f9362694f4aaf897ead9227d6b3]: Reg. 8(4) substituted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 3(5)(b)

[^key-41781622ef565abbe14ddc6c9ea7312a]: Reg. 5A inserted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 3(3)

[^key-d5147dde14a5643a909834b7583b41c5]: Reg. 100(3D)-(3K) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(b), 3(14)(b)

[^key-fb8cf5f18bdfda711515ca859c41b62e]: Reg. 100(1)(j)-(m) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(b), 3(14)(a)

[^key-71236511793a271692836b9812ba61ef]: Reg. 100(5)(da) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(b), 3(14)(c)

[^key-0877b966c27de031f8ed9c4a38069d38]: Words in reg. 81ZA(8) substituted (19.1.2026) by The Public Offers and Admissions to Trading (Amendment and Consequential and Transitional Provisions) Regulations 2025 (S.I. 2025/1076), reg. 1(3), Sch. para. 12(a); S.I. 2025/1078, reg. 5(b)

[^key-f0c8d329211ce25152b41d281e5e6fd5]: Words in reg. 81ZA(8) omitted (19.1.2026) by virtue of The Public Offers and Admissions to Trading (Amendment and Consequential and Transitional Provisions) Regulations 2025 (S.I. 2025/1076), reg. 1(3), Sch. para. 12(b); S.I. 2025/1078, reg. 5(b)

Bunkering or ship supply services

Exception for authorised conduct in a relevant country

86A
  • (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a relevant prohibition or relevant requirement, the relevant prohibition or relevant requirement is not contravened if the conduct is authorised by a licence, direction or other authorisation which is issued—
  • (a) under the law of the relevant country, and
  • (b) for the purpose of—
  • (i) disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition, or
  • (ii) providing that a requirement in that jurisdiction which corresponds to the relevant requirement has effect subject to any exceptions specified in the licence, direction or other authorisation.
  • (2) In this regulation—
  • the financial services provisions” means regulations 18, 20 to 22, and 24 to 30, excluding regulation 26(7);
  • relevant country” means—any of the Channel Islands,the Isle of Man, orany British overseas territory;
  • relevant prohibition” means a prohibition in—any of regulations 13 to 17 (asset-freeze etc.),the financial services provisions,Chapters 1, 2 and 3 of Part 6 (Trade),regulation 65(1) (movement of aircraft),regulation 69 (ownership etc. of DPRK ships),regulation 70 (dealing with UN-designated ships subject to asset-freeze),regulation 74 (DPRK ships: transfers of goods), orregulation 76 (registration etc. of ships in the DPRK);
  • relevant requirement” means a requirement in—regulation 19 (severance of existing financial relationships),regulation 23 (closure of representative offices), orregulation 26(7) (closure of joint venture or co-operative entities).
  • (3) Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply.

Exception for acts done for purposes of national security or prevention of serious crime

Treasury licences

Treasury directions

Trade licences

Aircraft licences

Ship licences

Licences: general provisions

Treasury directions: general provisions

Finance: licensing offences

Trade: licensing offences

Ships and aircraft: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

Finance: disclosure to the Treasury

108A
  • (1) A relevant public authority may disclose information to the Treasury if the disclosure is made for the purpose of enabling or assisting the Treasury to discharge any of its functions in connection with any sanctions regulations contained in these Regulations.
  • (2) In this regulation—
  • relevant public authority” means—any person holding or acting in any office under or in the service of—the Crown in right of the Government of the United Kingdom,the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,any local authority,any police officer,the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England or any other regulatory body in the United Kingdom, orany other person exercising functions of a public nature;
  • local authority” means—in relation to England—a county council,a district council,a London Borough council,the Common Council of the City of London in its capacity as a local authority,the Council of the Isles of Scilly, oran eligible parish council within the meaning of section 1(2) of the Local Government Act 2000,in relation to Wales, a county council, a county borough council or a community council,in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, orin relation to Northern Ireland, a district council.

Part 10: supplementary

Finance: humanitarian exception

81A
  • (1) The prohibitions in regulations 13 to 17 (asset-freeze etc.) are not contravened by a person (“P”) carrying out a relevant activity which is necessary—
  • (a) to ensure the timely delivery of humanitarian assistance, or
  • (b) to support other activities that support basic human needs,

where Conditions A and B are met.

  • (2) Condition A is that the humanitarian assistance or other activities mentioned in paragraph (1) are carried out by—
  • (a) the United Nations, including its—
  • (i) programmes and funds,
  • (ii) other entities and bodies, and
  • (iii) specialised agencies and related organisations,
  • (b) international organisations,
  • (c) humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations,
  • (d) bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals, or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs,
  • (e) any grantee, subsidiary, or implementing partner of any organisation falling within sub-paragraphs (a) to (d) while and to the extent that they are acting in those capacities,
  • (f) any other persons authorised by the Committee for the purposes of resolution 2664.
  • (3) Condition B is that P believes that carrying out the relevant activity is so necessary and there is no reasonable cause for P to suspect otherwise.
  • (4) For the purposes of this regulation—
  • relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions in regulations 13 to 17;
  • resolution 2664” means resolution 2664 (2022) adopted by the Security Council on 9th December 2022.

Land: exceptions from prohibitions

Transfers of funds: exceptions from prohibitions

Trade: exceptions from prohibitions

Aircraft: exceptions from prohibition

Ships: exceptions from prohibitions on port entry

Exception for authorised conduct in a relevant country

Exception for acts done for purposes of national security or prevention of serious crime

Treasury licences

Treasury directions

Trade licences

Aircraft licences

Ship licences

Licences: general provisions

Treasury directions: general provisions

Finance: licensing offences

Trade: licensing offences

Ships and aircraft: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

PART 4A — Director disqualification sanctions

Director disqualification sanctions

33A

A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

  • (a) section 11A of the Company Directors Disqualification Act 1986, and
  • (b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

Director disqualification licences

89A

The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 33A (director disqualification sanctions) providing that the prohibitions in—

  • (a) section 11A(1) of the Company Directors Disqualification Act 1986, and
  • (b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.

Trade licences

Aircraft licences

Ship licences

Licences: general provisions

Treasury directions: general provisions

Finance: licensing offences

Director disqualification: licensing offences

95A
  • (1) A person (“P”) commits an offence if P knowingly or recklessly—
  • (a) provides information that is false in a material respect, or
  • (b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

  • (2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence, commits an offence.
  • (3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

Trade: licensing offences

Ships and aircraft: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

Land

57A
  • (1) A person (“P”) must not—
  • (a) lease, or otherwise make available, land, directly or indirectly, to the Government of the DPRK, any member of that Government or any person who P knows, or has reasonable cause to suspect, to be acting on its behalf;
  • (b) lease land, directly or indirectly, from the Government of the DPRK, any member of that Government or any person who P knows, or has reasonable cause to suspect, to be acting on its behalf;
  • (c) engage in any activity linked to the use of land that the Government of the DPRK, any member of that Government or any person who P knows, or has reasonable cause to suspect, to be acting on its behalf owns, leases or is otherwise entitled to use.
  • (2) Paragraph (1) is subject to Part 9 (Exceptions and licences).
  • (3) A person who contravenes a prohibition in paragraph (1) commits an offence.

Asset-freeze etc.: exception from prohibitions for required payments

81ZA
  • (1) This regulation applies to required payments within the meaning of paragraph (2).
  • (2) A required payment is a payment which—
  • (a) a non-UN designated person is required to make under or by virtue of any enactment to—
  • (i) the registrar of companies,
  • (ii) the Commissioners,
  • (iii) the Welsh Revenue Authority,
  • (iv) Revenue Scotland,
  • (v) the Financial Conduct Authority,
  • (vi) the Secretary of State,
  • (vii) the Welsh Ministers,
  • (viii) the Department of Finance in Northern Ireland, or
  • (ix) a local authority, and
  • (b) is not an excluded payment.
  • (3) The prohibitions in regulations 13 (asset-freeze in relation to designated persons) and 15 (making funds available for benefit of designated person) 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 13 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) The following payments are to be treated as payments which a non-UN designated person is required to make under or by virtue of an enactment for the purposes of this regulation, where made by a non-UN designated person on their own behalf or by a person, other than a designated person, on behalf of a non-UN designated person—
  • (a) a payment to the Financial Conduct Authority of a levy imposed by the scheme manager of the Financial Services Compensation Scheme by virtue of section 213 of the Financial Services and Markets Act 2000 (the compensation scheme);
  • (b) a payment to the Financial Conduct Authority which is collected by that Authority on behalf of the Financial Reporting Council Limited.
  • (7) 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,
  • (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, and
  • (c) the reference in paragraph (6) to a 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 designated person.
  • (8) In this regulation—
  • BID levy” means a levy that is imposed on those persons who are, in respect of particular business improvement district proposals, entitled to vote in accordance with section 39(3) of the Planning etc. (Scotland) Act 2006;
  • business improvement district” has the meaning given in section 33 of the Planning etc. (Scotland) Act 2006;
  • designated person” has the same meaning as it has in Part 4 (Finance);
  • enactment” has the meaning given in section 54(6) of the Act;
  • excluded payment” means, in relation to—the registrar of companies, a payment of fees for—the incorporation of a firm;the restoration of a firm to a register which is administered by the registrar;the Financial Conduct Authority, a payment of fees for—an application for permission from, authorisation by, registration with or recognition from the Financial Conduct Authority which relates to the carrying on of any activity falling within any function of the Financial Conduct Authority;an application for a variation of such permission, authorisation, registration or recognition;an application for listing or for eligibility for listing;an application for review or approval of a document relating to listing;an application for approval as a sponsor or primary information provider;an application for review or approval of— a document under rules made by the Financial Conduct Authority by virtue of Part 3 of the Public Offers and Admissions to Trading Regulations 2024; listing particulars under section 79 of the Financial Services and Markets Act 2000 or supplementary listing particulars under section 81 of that Act;the Secretary of State or the Welsh Ministers, a payment that a non-UN designated person is required to make under or by virtue of an enactment other than a payment under or by virtue of Part 3 of the Local Government Finance Act 1988;the Department of Finance in Northern Ireland, a payment that a non-UN designated person is required to make under or by virtue of an enactment other than a payment under or by virtue of Part 2 of the Rates (Northern Ireland) Order 1977;a local authority, a payment that a non-UN designated person is required to make under or by virtue of an enactment other than a payment under or by virtue of—Part 1 of the Local Government (Scotland) Act 1975;Part 3 of the Local Government Finance Act 1988;Parts 1 and 2 of the Local Government Finance Act 1992;Part 4 of the Local Government Act 2003;Part 9 of the Planning etc. (Scotland) Act 2006;the Business Rate Supplements Act 2009;the Business Improvement Districts Act (Northern Ireland) 2013;
  • firm” has the meaning given in section 1173(1) of the Companies Act 2006;
  • listing” means being included in the official list maintained by the Financial Conduct Authority in accordance with Part 6 of the Financial Services and Markets Act 2000;
  • local authority” means—in relation to England—a district council;a county council for any area for which there is no district council;a London borough council;the Common Council of the City of London in its capacity as a local authority;the Council of the Isles of Scilly;in relation to Wales, a county council or a county borough council;in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or a person appointed by such a council for the purposes of the administration, collection and recovery of a BID levy;in relation to Northern Ireland, a district council;
  • primary information provider” has the meaning given in section 89P(2) of the Financial Services and Markets Act 2000;
  • ...
  • ...
  • registrar of companies” has the meaning given in section 1060 of the Companies Act 2006 (the registrar);
  • 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;
  • scheme manager” has the meaning given in section 212 of the Financial Services and Markets Act 2000;
  • sponsor” has the meaning given in section 88(2) of the Financial Services and Markets Act 2000;
  • UN designated person” means—a person who is a designated person for the purposes of regulations 13 to 17 by reason of regulation 10 (designation of persons named by or under UN Security Council resolutions), ora person who is designated under regulation 5 (power to designate persons) for the purposes of regulations 13 to 17 and whose designation is (in the opinion of the Secretary of State) required by paragraph 32 of resolution 2270 or a provision mentioned in regulation 4(4).

Finance: humanitarian exception

Land: exceptions from prohibitions

Transfers of funds: exceptions from prohibitions

Trade: exceptions from prohibitions

Aircraft: exceptions from prohibition

Ships: exceptions from prohibitions on port entry

Exception for authorised conduct in a relevant country

Exception for acts done for purposes of national security or prevention of serious crime

Treasury licences

Treasury directions

Director disqualification licences

Trade licences

Aircraft licences

Ship licences

Licences: general provisions

Treasury directions: general provisions

Finance: licensing offences

Director disqualification: licensing offences

Trade: licensing offences

Ships and aircraft: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

Finance: reporting obligations for required payments

99A
  • (1) A non-UN designated person must inform the Treasury without delay if they make a required payment.
  • (2) A person who makes a required payment on behalf of a non-UN designated person must inform the Treasury without delay that they have made the required payment.
  • (3) A person must inform the Treasury without delay if they receive a reimbursement payment.
  • (4) For the purposes of this regulation, 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.
  • (5) In this regulation—
  • reimbursement payment” has the meaning given in regulation 81ZA(8) (finance: exception from prohibitions for required payments);
  • required payment” has the meaning given in regulation 81ZA(2).

“Relevant firm”

Proliferation financing

Finance: powers to request information

Finance: production of documents

Finance: information offences

Trade: application of information powers in CEMA

General trade licences: records

General trade licences: inspection of records

Disclosure of information

Finance: disclosure to the Treasury

Part 10: supplementary

Part 1A — Purposes relating only to UN designated persons

Pre-existing judicial decisions etc.

7A

To enable, by the use of a designated person's frozen funds or economic resources, the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien, provided that—

  • (a) the funds or economic resources so used are the subject of the decision or lien,
  • (b) the decision or lien—
  • (i) was made or established before the date on which the person became a designated person, and
  • (ii) is enforceable in the United Kingdom, and
  • (c) the use of the frozen funds or economic resources does not directly or indirectly benefit any other designated person.

Insolvency

9A
  • (1) To enable anything to be done in connection with—
  • (a) any insolvency and restructuring proceedings relating to an insolvent person,
  • (b) any other relevant proceedings relating to a person other than an individual, or
  • (c) proceedings under the insolvency law of a country other than the United Kingdom that correspond to the proceedings in paragraph (a) or (b),

provided that any payments made directly or indirectly to a designated person are credited to a frozen account.

  • (2) In this paragraph—
  • enactment” has the meaning given in section 54(6) of the Act;
  • insolvency and restructuring proceedings” includes—the regimes and proceedings set out in Parts A1 to 6 of the Insolvency Act 1986, Parts 1A to 7 of the Insolvency (Northern Ireland) Order 1989 and so much of Part 1 of that Order as applies for the purposes of those Parts, but excluding—proceedings under Chapter 3 of Part 4 (members’ voluntary winding up) of the Insolvency Act 1986, andproceedings under Chapter 3 of Part 5 (members’ voluntary winding up) of the Insolvency (Northern Ireland) Order 1989;arrangements and reconstructions under Part 26 of the Companies Act 2006;arrangements and reconstructions for companies in financial difficulty under Part 26A of the Companies Act 2006;the proceedings and arrangements set out in the Bankruptcy (Scotland) Act 2016;
  • insolvent person” means a person (“P”), other than an individual, where—P is unable to pay its debts as they fall due, orthe value of P’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities;
  • other relevant proceedings” means—the regimes and proceedings set out in—sections 367 and 377A to 377J of, or Schedule 19C to, the Financial Services and Markets Act 2000;the Insurers (Reorganisation and Winding Up) (Lloyd’s) Regulations 2005;Parts 1 to 3 of the Banking Act 2009 (including Parts 2 and 3 as applied to building societies by section 90C of the Building Societies Act 1986);the Investment Bank Special Administration Regulations 2011;Part 6 of the Financial Services (Banking Reform) Act 2013;the Payment and Electronic Money Institution Insolvency Regulations 2021;Schedule 11 to the Financial Services and Markets Act 2023;proceedings under any other special administration regime;
  • special administration regime” means provision made by an enactment for an insolvency procedure that—is similar or corresponds to the ordinary administration procedure provided for by Schedule B1 to the Insolvency Act 1986 or Schedule B1 to the Insolvency (Northern Ireland) Order 1989, andprovides for the administrator to have one or more special objectives instead of or in addition to the objectives of ordinary administration.

Judicial decisions etc.

9B

To enable the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien which is enforceable in the United Kingdom (the “judicial decision”), provided that—

  • (a) where funds or economic resources are made available to a designated person, they are credited to a frozen account or otherwise frozen by virtue of regulation 13;
  • (b) where funds or economic resources are made available by a person (including a designated person) to a designated person to enable the implementation or satisfaction of the judicial decision, no other designated person benefits, directly or indirectly.

Conditions for the designation of persons by name

5A
  • (1) The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) under—
  • (a) the standard procedure, or
  • (b) the urgent procedure.
  • (2) Paragraph (3) applies where the Secretary of State chooses to designate a person under regulation 5 under the standard procedure.
  • (3) The Secretary of State may not designate a person except where condition A is met.
  • (4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
  • (5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 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) The 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 B is that relevant provision (whenever made) applies to, or in relation to, the person under the law of—
  • (a) the United States of America;
  • (b) the European Union;
  • (c) Australia;
  • (d) Canada.
  • (10) Condition C is that the Secretary of State considers that it is in the public interest to make designations under the urgent procedure.
  • (11) 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.
  • (12) In this regulation, “involved person” has the meaning given in regulation 6 (designation criteria: meaning of “involved person”).

Designation criteria: meaning of “involved person”

Meaning of “owned or controlled directly or indirectly”

Notification and publicity where designation power used

Confidential information in certain cases where designation power used

Designation of persons named by or under UN Security Council Resolutions

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