UK: GLOBAL HUMAN RIGHTS SANCTIONS REGULATIONS 2020

UK: GLOBAL HUMAN RIGHTS SANCTIONS REGULATIONS 2020

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 and enable the Secretary of State (the Foreign secretary) to impose sanctions (in the form of an asset freeze and travel bans) on persons to deter, and provide accountability for, activities which, if carried out by or on behalf of a State, would amount to a serious violation of certain human rights by that State.  In this way they impose so-called “Magnitsky sanctions”.  The Regulations also apply to conduct by UK persons outside the UK, and to conduct by any person in the territorial sea adjacent to the UK. Guidance has been published in relation to the prohibitions and requirements under the Regulations.

http://www.legislation.gov.uk/uksi/2020/680/contents/made

GLOBAL HUMAN RIGHTS SANCTIONS: GUIDANCE

This covers the prohibitions and requirements imposed by the Regulations above, as well as guidance on best practice for –

  • Complying with the prohibitions and requirements
  • Enforcing them
  • Circumstances where they do not apply

This guidance should be read alongside more detailed sanctions guidance published by OFSI.

https://www.gov.uk/government/publications/global-human-rights-sanctions-guidance/global-human-rights-sanctions-guidance

INFORMATION NOTE FOR NGO AND OTHERS INTERESTED IN HUMAN RIGHTS

Also published on 6 July, alongside the new human rights sanctions regulations, this Information Note from the FCO provides further information about what the sanctions regime aims to do and what it covers. It also explains the information needed when the UK Government considers those who may be designated under this regime. A ‘designated person’ is an individual or organisation who has been listed under a sanctions regime and is therefore subject to sanctions measures.

https://www.gov.uk/government/publications/global-human-rights-sanctions-information-note-for-non-government-organisations-and-others-interested-in-human-rights/global-human-rights-sanctions-information-note-for-ngos-and-civil-society

FACTORS IN DESIGNATING PEOPLE INVOLVED IN HUMAN RIGHTS VIOLATIONS

This Policy Paper from the FCO sets out main factors that the UK government considers when deciding whether a person involved in human rights violations may be designated under the Regulations above.

https://www.gov.uk/government/publications/global-human-rights-sanctions-factors-in-designating-people-involved-in-human-rights-violations/global-human-rights-sanctions-consideration-of-targets

HOW THE UK OPERATES GLOBAL HUMAN RIGHTS SANCTIONS

Also on 6 July, alongside the new Regulations and other documents, the FCO published further information on how the UK operates global human rights sanctions under the Sanctions and Anti-Money Laundering Act 2018, with links and contact details.

https://www.gov.uk/government/collections/uk-global-human-rights-sanctions

IMPACT ASSESSMENT OF THE EFFECTS OF THE REGULATIONS

http://www.legislation.gov.uk/ukia/2020/45/pdfs/ukia_20200045_en.pdf

REPORT: OFFENCES UNDER THE REGULATIONS

Also released by the FCO is a report which –

  • sets out the offences created by the Regulations;
  • explains why there are good reasons for the relevant prohibitions or requirements in the Regulations to be enforceable by criminal proceedings; and
  • sets out the maximum terms of imprisonment that apply to those offences and why there are good reasons for those maximum terms.

http://www.legislation.gov.uk/uksi/2020/680/pdfs/uksiod_20200680_en_001.pdf

 

 

 

 

If you would like to say thanks by making a small contribution, in case I need to upgrade or replace my computers and other paraphernalia, I have a page at https://www.buymeacoffee.com/KoIvM842y

 

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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