The International Criminal Tribunal for the Former Yugoslavia (Financial Sanctions Against Indictees) Regulations 2005 (revoked)
UK Statutory Instrument 2005 No. 1527 — creates 7 criminal offences.
- Made
- 7 June 2005
- In force from
- 29 June 2005
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations provide that breaches of certain provisions of Council Regulation (EC) No 1763/2004 of 11th October 2004 (the “EC Regulation”) relating to financial sanctions are criminal offences. The EC Regulation has had various amendments, most recently by Commission Regulation (EC) No. 607/2005 of 18th April 2005. Schedule 1 to these Regulations lists the amending instruments. Regulations 2 provides that breaches of the following provisions of the EC Regulation are criminal offences: Article 2(1) which provides for the freezing of funds and economic resources belonging to individuals indicted by the International Criminal Tribunal for the Former Yugoslavia and person or entities associated with them as listed in Annex I to the EC Regulation as amended; Article 2(2) which prohibits the making available of funds or economic resources directly or indirectly to or for the benefit of persons listed in Annex I to the EC Regulation as amended; Article 2(3) which prohibits the knowing and intentional participation in activities the object or effect of which is, directly or indirectly, to circumvent the prohibitions in Article 6(1) and (2); and Article 7, which requires all persons to immediately provide to the Treasury or the Bank of England and to the European Commission any information, which would facilitate compliance with the EC Regulation, but requires such information to be used only for the purposes for which it was provided or received. Regulation 3 makes it an offence to provide false information in connection with a request for authorisation under Articles 3 or 4 of the EC Regulation. Regulation 4 and Schedule 2 make provision for information to be requested by or on behalf of the Treasury or the Bank of England for the purpose of ensuring compliance with the EC Regulation. Failure to provide such information, the provision of false information or the suppression of evidence is a criminal offence. Unauthorised disclosure of information acquired under Schedule 2 is also a criminal offence. Regulations 5 and 6 proscribe the penalties and procedures for breaches of regulations 2, 3, 4 and Schedule 2 to the Regulations. Regulation 7 revokes the Regulations that previously enforced the EC Regulation. A regulatory impact assessment has not been prepared for these Regulations, as they have no impact on the cost of business.
Offences created by this instrument
- Any person who— a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no… paragraph 2 of SCHEDULE 2 · Status not determined · Requires proof of a state of mind
- Any person who, without reasonable excuse, discloses information in contravention of paragraph (1) is guilty of an… paragraph 3(2) of SCHEDULE 2 · Status not determined · Strict liability
- A person who— a without reasonable excuse commits a breach of Article 2(1) of the EC Regulation; or b commits a breach… regulation 2(1) · Status not determined · Strict liability
- Any person who— a without reasonable excuse fails to comply with Article 7(1) of the EC Regulation; or b uses… regulation 2(2) · Status not determined · Strict liability
- Any person who, in connection with a request for authorisation pursuant to Articles 3 or 4 of the EC Regulation— a… regulation 3 · Status not determined · Requires proof of a state of mind
- Penalties regulation 5(3) · Status not determined · Strict liability
- Penalties regulation 5(3)(a) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2005