This Practice Note explains the legal requirements which must be met for a sanctions designation to be lawful and how to challenge designations made under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). It explains the impact of a sanctions designation, the process for making and maintaining sanctions designations and the basis upon which it is possible to challenge a UK sanctions designations. The Practice Note also explains the process for making a request to ministers to review a designation, what information to include in a request and the procedure which should be followed under the Sanctions Review Procedure (EU Exit) Regulations 2018, SI 2018/1269. It also explains the availability of judicial review as a court-based remedy to challenge sanctions under SAMLA 2018. It also highlights areas of difference between challenging designations under the UK domestic sanctions regime and challenges to sanctions made under EU law or under UN obligations.
This Practice Note explains the key powers in the Coronavirus Act (CA 2020) to detain ‘potentially infectious’ people during the Coronavirus (COVID-19) pandemic, aimed at controlling its spread. It includes the powers of direction and removal and the requirements and restrictions in relation to screening and assessment. The Practice Note also explains when the powers may be used, by whom they are exercisable and provides details of related offences and enforcement powers.
This Practice Note explains the scope of the UK’s global human rights sanctions regime under the Global Human Rights Sanctions Regulations 2020, SI 2020/680, the first autonomous sanctions regime created under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). Human rights sanctions are commonly referred to as ‘Magnitsky sanctions’. This Practice Note considers the power to impose human rights sanctions, the relevant guidance published by the Office of Financial Sanctions Implementations (OFSI), the designations under the human rights sanctions regulations and explains the prohibitions which can be imposed. It also explains the offences created by and the reporting requirements imposed under this sanctions regime.
This Practice Note explains the scope of the UK global anti-corruption sanctions regime under the Global Anti-Corruption Sanctions Regulations 2021, SI 2021/488. It explains the activities targeted by the regime, the sanctions imposed, who is covered and the relevant guidance published by the Office of Financial Sanctions Implementations (OFSI). It also considers practical aspects of the regime for businesses.
This Practice Note explains the UK financial sanctions and trade sanctions regime under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). The SAMLA 2018 regime was implemented to ensure the UK has a robust sanctions regime after the UK leaves the EU (Brexit) and enables the UK to impose financial sanctions, immigration sanctions, trade sanctions, aircraft sanctions, shipping sanctions and other sanctions needed to comply with UN sanctions obligations. The gross violations of human rights sanctions regime under SAMLA 2018 (Magnitsky sanctions) came into force in July 2020 and the bulk of the UK sanctions made under SAMLA 2018 which replace EU sanctions regimes came into force fully at the end of the implementation period (IP completion day). This Practice Note explains the impact Brexit had on the pre-existing sanctions regime, the role of the Foreign, Commonwealth & Development Office (FCDO) and the Office of Financial Sanctions Implementation (OFSI), the purpose of the different types of sanctions, including Magnitsky sanctions and explains the typical form of sanctions regulation. It also explains sanctions designations under SAMLA 2018, exceptions and licences from UK sanctions as well as the enforcement of sanctions under the UK domestic sanctions regime.
This Flowchart highlights the enforcement bodies which have responsibility for enforcing UN and UK sanctions in the UK.
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