Treasury has used its powers under SAMLA to make autonomous UK sanctions against those who violate global human rights.
It has made the Global Human Rights Sanctions Regulations 2020, and the FCO has made statutory guidance on the Regulations, to be read alongside OFSI’s more detailed sanctions guidance.
The Regulations apply across the UK to anyone in the UK, and to the conduct of UK persons anywhere in the world – that is, British nationals and any body incorporated or constituted under the law of any part of the UK. As normal, the Regulations impose:
- a targeted asset freeze on designated persons; and
- a ban on making funds or economic resources available to or for the benefit of designated persons, directly or indirectly.
It is also an offence to participate in any activities the object or effect of which is to circumvent the restrictions.
The initial list of designated persons contains 47 individuals and 2 entities, and is also reflected in the Consolidated List.
Relevant firms must report information on known or suspected designated persons and must report any suspicions of offences. The maximum penalty is 7 years’ imprisonment or a fine or both, while the reporting and information offences carry a maximum sentence of 6 months’ imprisonment (or a fine, or both).
Again, as usual, there are exceptions, and OFSI may grant licences – but firms must apply for these using the new Sanctions Act licencing application form.
The Regulations also impose immigration sanctions.