The Terrorism (United Nations Measures) Order 2009

UK Statutory Instrument 2009 No. 1747 — creates 7 criminal offences.

7offences created

0recorded in force

0revoked

Made: 8 July 2009
In force from: 10 August 2009
Extent: Not stated
Subject: Public order, protest, anti-social behaviour and street offences
Made under: Her by section 1 of the United Nations Act 1946

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order, made under section 1 of the United Nations Act 1946 (c.45), gives effect in the United Kingdom to resolution 1373(2001) adopted by the Security Council of the United Nations on 28th September 2001 relating to terrorism and resolution 1452(2002) adopted on 20th December 2002 relating to humanitarian exemptions. It also provides for enforcement of Regulation (EC) 2580/2001 on specific measures directed at certain persons and entities with a view to combating terrorism (“the EC Regulation”). The EC Regulation provides a mechanism for designating within the Community persons in respect of whom measures contained in the EC Regulation are to apply. The measures include the freezing of funds, financial assets and economic resources of such persons and ensuring that any funds, financial assets, economic resources and financial services are not made available to them. Article 3 of this Order provides that “designated persons” are persons identified under the EC Regulation and those identified in a direction given by the Treasury under article 4. Article 4 gives the Treasury power to give a direction to designate a person for the purposes of the Order if one of a number of specified conditions is fulfilled in respect of the person and the Treasury considers that the direction is necessary for purposes connected with protecting members of the public from a risk of terrorism. The conditions are that the Treasury have reasonable grounds to suspect that the person is (a) a person who commits, attempts to commit, participates in or facilitates the commission of acts of terrorism; (b) a person identified under the EC Regulation; (c) a person owned or controlled, directly or indirectly, by a designated person; or (d) a person acting on behalf of or at the direction of a designated person. Article 5 states that a direction ceases to have effect twelve months after it was made, but gives the Treasury the power to renew a direction on one or more occasions. Article 6 makes provision for the giving of notices to persons identified in Treasury directions, and for the publicising of directions generally. Article 7 makes provision for the notification to a person identified in a Treasury direction of any variation, revocation or expiry of a direction, and for the general publication of such variation, revocation or expiry. Article 8 gives the Treasury power to specify that information contained in a direction to which article 6(3) applies is to be treated as confidential. The article imposes a prohibition on disclosing such information except with lawful authority. The article makes it a criminal offence to contravene this prohibition and provides that the Court may grant an injunction to prevent a breach. Article 10 prohibits any dealing with funds or economic resources of a restricted person. Article 11 prohibits making funds or financial services available to a restricted person. Article 12 prohibits making funds or financial services available for the benefit of a restricted person. Article 13 prohibits making economic resources available to a restricted person. Article 14 prohibits making economic resources available for the benefit of a restricted person. It is a criminal offence to contravene any of these prohibitions. Article 15 provides for exceptions to these prohibitions to permit the crediting of frozen accounts with interest and payments due under obligations entered into before the account became frozen, and to permit an institution to credit a frozen account with funds Article 16 makes it a criminal offence to circumvent the prohibitions or to facilitate the commission of an offence relating to a prohibition. Article 17 provides a licensing procedure to enable, for humanitarian and other purposes, certain acts to be exempted from the prohibitions. Article 18 sets out certain reporting requirements which relevant institutions have in relation to restricted persons. It is a criminal offence to fail to comply with these requirements. Article 25 confirms that the provisions of this Order apply to the Crown but, in the event of a contravention, the Crown is not criminally liable. Article 26 revokes the Terrorism (United Nations Measures) Order 2006, save that where a direction made under article 4 of that Order or given continued effect by article 20(2) of that Order is in effect immediately before the coming into force of this Order, the provisions of that 2006 Order or the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/3365) continue to apply in respect of that direction until 31st August 2010 unless the direction is revoked sooner. The Schedule makes provisions for information gathering and information disclosure. A list of designated persons is available on the Internet at: www.hm-treasury.gov.uk/documents/fin_sanctions_index An impact assessment of the effect that this instrument will have on the costs of business may be attained from the Asset Freezing Unit, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and is also available on HM Treasury’s website (www.hm-treasury.gov.uk) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).

Offences created by this instrument

SCHEDULE SCHEDULE · Status not determined · Requires proof of a state of mind
Freezing funds and economic resources of a restricted person article 10(3) · Status not determined · Strict liability
Circumventing prohibitions etc article 16 · Status not determined · Requires proof of a state of mind
Licences article 17(6) · Status not determined · Requires proof of a state of mind
Licences article 17(7) · Status not determined · Strict liability
Information from relevant institutions article 18(3) · Status not determined · Strict liability
Confidential information article 8(5) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Terrorist Asset-Freezing (Temporary Provisions) Bill Commons · Commons Chamber · 8 February 2010 · Sarah McCarthy-Fry
I will not. I am sorry. As Members will know, although the Supreme Court ruled that the Terrorism (United Nations Measures) Order 2006 and article 3(1)(b) of the Al-Qaida and Taliban (United Nations Measures) Order 2006 had gone beyond the scope of the UN Act, the Court of Appeal upheld the Government’s position. Other Members referred to the sunset clause. We think that waiting until the end of the year allows enough time for pre-legislative scrutiny and legislative scrutiny. Some Members agreed, while others did not. I look forward to the debate on the amendments tabled in Committee. The…
Terrorist Asset-Freezing (Temporary Provisions) Bill Lords · Lords Chamber · 9 February 2010 · Lord Mackay of Clashfern
First, I will make a small technical point. Clause 1(2)(d) refers to the Terrorism (United Nations Measures) Order 2009. Under Amendment 2, it is to be called “purported”. When it comes to later amendments, it has suddenly dropped its “purported” and has become—what should I say?—fully fledged. There is a Scottish point that must be dealt with. We are in grave difficulty when we attempt to alter the test that was used in the orders that have been quashed, because it is hard for us now to take the view that the Government’s protection is more than is necessary in the circumstances, with which…
Terrorist Asset-Freezing etc. Bill [HL] Lords · Lords Chamber · 6 October 2010
Where a designation is made public, as they are in all current asset-freezing cases under the Terrorism (United Nations Measures) Order 2009, once the Treasury Minister has taken a decision to designate, a notice is then published on the Treasury’s website. Subscribers to the website, which include the financial sector, receive an automatic notification of the freeze, enabling them to implement it without delay. The designated person is then sent a letter, explaining that they have been designated; setting out the reasons for the designation; enclosing relevant licences; referring to the…
Civil Procedure (Amendment No. 4) Rules 2010 Lords · Grand Committee · 7 February 2011 · The Commercial Secretary to the Treasury (Lord Sassoon)
I beg to move that the Grand Committee do now consider the Civil Procedure (Amendment No.4) Rules 2010, but I will also speak to the Rules of the Court of Judicature (Northern Ireland) (Amendment No.3) 2010. Noble Lords may find it helpful if I start by briefly explaining the wider legislative context of the rules that we are debating today. The ruling of the Supreme Court in the case of Ahmed and others v HM Treasury in January 2010 placed the legality of the Terrorism (United Nations Measures) Order 2009 in doubt. Consequently, the Terrorist Asset-Freezing (Temporary Provisions) Act was…
Counter-Terrorist Asset Freezing Regime Commons · Written Statements · 16 July 2013
Appeals against designations made under the Terrorism (United Nations Measures) Order 2009 and TAFA 2010 were ongoing in the quarter covered by this report, brought by Zana Abdul Rahim. The appeal brought by Gulam Mastafa against his designation under TAFA 2010 was concluded. Gulam Mastafa has since issued a civil claim against the Treasury and other Government Departments. A civil claim against the Treasury arising from the designation of another individual, known as “M” for the purpose of these proceedings is also on-going. A new challenge under s63(2) of the Counter-Terrorism Act 2008 has…
Counter-Terrorist Asset-Freezing Regime Commons · Written Statements · 23 October 2013 · The Financial Secretary to the Treasury (Sajid Javid)
My noble friend the Commercial Secretary to the Treasury, Lord Deighton, has today made the following written ministerial statement: Under the Terrorist Asset-Freezing etc. Act 2010 (“TAFA 2010”), the Treasury is required to report to Parliament, quarterly, on its operation of the UK’s asset-freezing regime mandated by UN Security Council Resolution 1373. This is the 11th report under the Act and it covers the period from 1 July 2013 to 30 September 2013. This report also covers the UK implementation of the UN al-Qaeda asset-freezing regime and the operation of the EU asset-freezing regime…
Counter-Terrorist Asset-Freezing Regime Commons · Written Statements · 28 January 2014 · The Financial Secretary to the Treasury (Sajid Javid)
My noble Friend the Commercial Secretary to the Treasury, Lord Deighton, has today made the following written ministerial statement: Under the Terrorist Asset-Freezing etc. Act 2010 (“TAFA 2010”), the Treasury is required to report to Parliament, quarterly, on its operation of the UK’s asset-freezing regime mandated by UN Security Council Resolution 1373. This is the 12th report under the Act and it covers the period from 1 October 2013 to 31 December 2013. This report also covers the UK implementation of the UN al-Qaeda asset-freezing regime and the operation of the EU asset-freezing regime…
Counter-Terrorist Asset Freezing Regime Commons · Written Statements · 10 June 2014 · The Financial Secretary to the Treasury (Nicky Morgan)
My noble Friend the Commercial Secretary to the Treasury, Lord Deighton, has today made the following written ministerial statement: Under the Terrorist Asset-Freezing etc. Act 2010 (“TAFA 2010”, the Treasury is required to report to Parliament, quarterly, on its operation of the UK’s asset-freezing regime mandated by UN Security Council Resolution 1373. This is the 13th report under the Act and it covers the period from 1 January 2014 to 31 March 2014. This report also covers the UK implementation of the UN al-Qaeda asset-freezing regime and the operation of the EU asset-freezing regime in…

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